Terms of Sales and General Definitions

Client: Any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.

Benefits and Services: The https://www.tokize.com website provides Customers with:

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

Customer information: Hereinafter referred to as “Information(s)” which corresponds to all personal data likely to be held by https://www.tokize.com for the management of your account, customer relationship management or for analytical and statistical purposes.

User: Internet user connecting to and using the above-mentioned site.

Personal information: Information which 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”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)

1. Presentation of the website

Under Article 6 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, users of the website https://www.tokize.com are informed of the identity of the different stakeholders in its implementation and monitoring:

Owner: SL VAT number: ESB65991556—Carrer d’Àlaba, 61 08005, Barcelona

Publication manager: Frederic G.—[email protected]

The publication manager is a natural person or a legal entity.

Webmaster: Frederic G.—[email protected]

Host: Amazon Web Service—31 PL DES COROLLES 92400 Courbevoie

Data Protection Officer: Frederic G.—[email protected]

The legal notices come from the model proposed by the free generator of legal notices for a website.

 

2. General conditions for site use and its services

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 its own account, all or part of the elements or works of the Site.

Use of the site, https://www.tokize.com, implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time. Users of https://www.tokize.com are, therefore, invited to consult them regularly.

This website is normally accessible to users at any time. An interruption for reasons of technical maintenance may, however, be decided by https://www.tokize.com, which will then endeavor to communicate to its Users in advance the dates and times of any intervention.

The website, https://www.tokize.com, is updated regularly by https://www.tokize.com, and legal notices can be modified at any time. They are, nevertheless, binding on the user who is invited to refer to them in order to read them.

3. Description of services provided

https://www.tokize.com provides information concerning all of the company’s activities. The website provides information as accurate as possible on the site https://www.tokize.com. However, it’s not held responsible for omissions, inaccuracies or deficiencies in the update, whether due to itself or a third party who provides this information.

All information indicated on the site https://www.tokize.com is given for information purposes only and is subject to change. The information on the https://www.tokize.com site is not exhaustive. Material is subject to modifications, having been made since they were put online.

 

4. Contractual limitations on technical data

The site uses JavaScript technology, but the website is not held responsible for material damage linked to the use of the site. In addition, Users access the site using working equipment, not containing viruses and that’s updated to latest-browser editions.

https://www.tokize.com is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679). The objective is to provide a service that ensures the best rate of accessibility. 

The host ensures the continuity of website service 24 hours a day, every day of the year. It, nevertheless, reserves the right to interrupt the hosting service for maintenance purposes, improvement of or failure of its infrastructures and if the Services generate an overload of traffic.

https://www.tokize.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.

 

5. Intellectual Property and Counterfeiting

https://www.tokize.com is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without prior written permission from https://www.tokize.com.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

 

6. Limitations of Liability

https://www.tokize.com acts as publisher of the site and is responsible for the quality and veracity of the Content it publishes. https://www.tokize.com cannot be held responsible for direct or indirect damage caused to the user’s equipment, resulting either from the use of equipment that does not meet the specifications indicated in point 4, a bug or incompatibility.

https://www.tokize.com cannot be held responsible for indirect damage, such as loss of market or loss of opportunity, resulting from the use of the site https://www.tokize.com.

Interactive spaces, allowing questions in a public area, are available to users. 

https://www.tokize.com reserves the right to delete, without prior notice, any content posted for applicable legislations in France, in particular the provisions relating to data protection. 

Where applicable, https://www.tokize.com also reserves the right to hold the user liable for civil and/or criminal liability, particularly in the event of messages of a racist, offensive, defamatory or pornographic nature, whatever the medium used—text, photography … etc.

 

7. Management of personal data

The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for Confidence in the Digital Economy, the Data Protection and Freedom Law of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).

7.1 Persons responsible for collecting personal data

For Personal Data collected as part of the creation of the User’s personal account and their navigation on the Site, the person responsible for processing Personal Data is: ViscaWeb. 

https://www.tokize.com is represented by Frederic G., its legal representative. As responsible for processing the data it collects, https://www.tokize.com respects the framework of legal provisions in place. It’s up to the Client to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents on the processing of their personal data and to maintain a register of treatments consistent with reality.

Each time https://www.tokize.com processes Personal Data, https://www.tokize.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data for the purposes for which https://www.tokize.com processes them.

7.2 Purpose of the data collected

https://www.tokize.com may process all or part of the data:

  • to enable navigation on the Site, the management and traceability of services ordered by the user: connection and use of the Site data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.tokize.com: email address
  • to carry out communication campaigns (sms, email): telephone number, email address

https://www.tokize.com does not sell your personal data, which is only used out of necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

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

  • right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data, right to lock or erase User data of a personal nature (article 17 GDPR), when they are inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or retention of which is prohibited
  • right to withdraw consent at any time (article 13-2c GDPR)
  • right to limit the processing of User data (article 18 GDPR)
  • right to object to the processing of User data (article 21 GDPR)
  • right to portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
  • right to define the fate of Users’ data after their death and to choose to whom https://www.tokize.com must communicate (or not) their data to a third party that they have previously designated

As soon as https://www.tokize.com becomes aware of the death of a User and in the absence of instructions from them, https://www.tokize.com undertakes to destroy their data, unless their retention proves necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://www.tokize.com uses their Personal Data, request to rectify them or oppose their processing, the User can contact https://www.tokize.com in writing at the following address:

– DPO, Frederic G.

Carrer d’Àlaba 61 08005 Barcelona.

In this case, the User must indicate the Personal Data that he would like https://www.tokize.com to correct, update or delete, by identifying himself 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://www.tokize.com by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.tokize.com can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://www.tokize.com undertakes not to process, host or transfer Information collected about its Customers to a country located outside the European Union or recognized as “inadequate” by the European Commission without prior notice. 

However, https://www.tokize.com remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n ° 2016-679).

https://www.tokize.com undertakes to take 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 impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://www.tokize.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore https://www.tokize.com does not collect “sensitive data”.

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

Within the limits of their respective responsibilities and for the purposes mentioned above, those most likely to access User data of https://www.tokize.com are customer-service agents.

Incident notification

Regardless of efforts, no method of transmission over the Internet, or method of electronic storage, is completely secure. We cannot therefore guarantee absolute security.

If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. 

We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all necessary information to help them meet their own regulatory reporting obligations.

 – No personal information of the user of the site https://www.tokize.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties.

Only the hypothesis of the repurchase of https://www.tokize.com and its rights would allow the transmission of said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of data with respect to the user of the site.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.tokize.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. 

When processing Personal Data, https://www.tokize.com takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.

The site, https://www.tokize.com, contains a number of hypertext links to other sites, set up with the authorization of https://www.tokize.com. However, https://www.tokize.com is not able to verify the content of the sites visited and will, therefore, assume no responsibility for this.

Unless you decide to disable cookies, you agree that the site can use them. 

You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site. 

9.1 “COOKIES”

A “cookie” is an information file sent to the User’s browser and stored on the User’s terminal—computer or smartphone. This file includes information such as User’s domain name, User’s internet provider, the User’s operating system and the date and time of their use. 

Cookies are in no way likely to damage the User’s terminal.

https://www.tokize.com may process the User’s information concerning their visit to the Site, which includes pages consulted and searches carried out. This information allows https://www.tokize.com to improve the content of the Site and the User’s navigation.

Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser so that it allows him to decide to accept services so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. 

The User can also configure his or her browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be recorded in his terminal. https://www.tokize.com informs the User that, in this case, it’s possible that the functionalities of their navigation software are not all available.

If the User refuses the recording of Cookies in their terminal or browser, or if the User deletes those saved there, the User is informed that their experience on the Site may be limited. 

This could be the case when https://www.tokize.com or its service providers can’t recognize, for technical purposes, the type of browser used by the terminal, the language, data settings, display or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://www.tokize.com declines all responsibility for the consequences linked to the degraded functioning of the Site and the services offered by https://www.tokize.com, resulting from (i) the refusal of Cookies by the User, (ii) the impossibility for https://www.tokize.com to consult or record Cookies due to the User’s choice.

For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how the User can modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes for Cookies. https://www.tokize.com may use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus, appearing on the Site of https://www.tokize.com or in its mobile application and if the User has accepted the deposit of cookies in continuing to browse the Website or the mobile application of https://www.tokize.com, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your computer, tablet or mobile phone.

These types of cookies are only placed on your terminals if you consent to them by browsing the Website or the mobile application of https://www.tokize.com. At any time, the User can revoke their consent for https://www.tokize.com to deposit these types of cookies.

9.2 INTERNET TAGS

https://www.tokize.com may occasionally employ web beacons, also known as tags, action tags, single-pixel GIFs, transparent GIFs, invisible GIFs or one-to-one GIFs, and deploy them through a partner specializing in web analysis likely to locate and, therefore, to store the corresponding information like the User’s IP address in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.

This technology allows https://www.tokize.com to evaluate visitors’ responses to the Site and the effectiveness of its actions—for example, the number of times a page is opened and the information consulted—as well as the use of this Site by the User.

The external service provider may possibly collect information on visitors to the Site and other websites using these tags, compile reports on the activity of the Site for the attention of https://www.tokize.com and provide other services relating to the use of this and the Internet.

 

10. Applicable law and attribution of jurisdiction

Any dispute relating to the use of the site https://www.tokize.com is subject to French law.

Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Paris.