Conditions of use of the websites and protection of personal data
Article 1. – General provisions – contact information of the websites’ proprietor
The present conditions (hereafter referred to as “Conditions “) are applicable to the use of all computer and mobile websites including all elements and applications, created or owned by FASTBACK Ltd, with its head office at rue Emerée 6 mag 1 in 5150 FLORIFFOUX, registered at the Brussels Trade Register under number 0524.702.296. (hereafter referred to as « FASTBACK ») (hereafter referred to as the “Sites”).
The term user refers to any person accessing the Sites (hereafter referred to as “User”).
By using the Sites, the User fully and unconditionally accepts the Conditions that apply to them and commits to abide by them.
Should he refuse the Conditions, he shall refrain from any use of the Sites and/or Services.
In case of non-compliance with the Conditions, FASTBACK reserves the right to refuse access to the Sites, without prejudice to its right to demand compensation from any third party for all direct or indirect losses potentially resulting from this non-compliance.
FASTBACK reserves the right to partially or totally amend the Conditions of use at any given moment and without prior notice.
It is therefore advisable to regularly consult the Conditions of use in order to remain up to date with the latest version.
Article 2.- Use of the Sites
Use of the Sites is in principle free of charge. To be able to use certain Sites, the user will need to register, provide certain data and/or create an access code and/or a password.
Should the User refuse this, he will not be able to use the parts concerned of the Sites.
If a fee is required to use certain Sites, the User will be notified in advance, as well as being informed about the terms applicable, the price and the payment method.
FASTBACK provides the User with a non-exclusive and non-transferable license, for an indefinite period of time, allowing him to download the content of the Sites for the sole purpose of reproducing those contents on a single computer.
This license can nevertheless be revoked at any given moment without a reason having to be given.
The User can also print a copy of the Sites’ content, provided this is for personal use and the contents are not changed in any way.
The Sites can only be used for personal and private purposes for individuals and only for strictly internal purposes by professionals.
Consequently, any commercial use of the Sites is strictly prohibited.
The Users shall not perform any acts that could potentially destroy the Sites or disturb their proper functioning.
In case of misuse or improper use, FASTBACK reserves the right to suspend and/or cancel the user’s access to the Sites without formal notice nor prior warning.
Article 3.- Copyright and the rights of a database provider
All copyrights, brand names, patents, intellectual property rights and other proprietary rights applicable to the Sites shall remain the property of FASTBACK at all times.
The Sites and/or Services form a copyright-protected work as well as databases over which FASTBACK holds copyrights and producer entitlements.
Texts, lay-outs, drawings, photo’s, films, graphics and other elements of the Sites are copyright-protected.
Any copy, adaptation, change, translation, rearrangement, publication, lease or any other type of use of all or part of the Sites, in any form or by any means, whether electronic, mechanical or other, is strictly prohibited without prior written consent from FASTBACK.
Any infringement of these rights may lead to criminal or civil prosecution.
Article 4.- Brands and trade names
The names, logos and other signs that are used on these Sites (including the logo’s and FASTBACK name) are legally protected brands and/or trade names.
Any use of these or similar signs is strictly prohibited without FASTBACK’s prior written consent.
Article 5.- Liability
FASTBACK will make every effort to ensure the proper functioning of the Sites and Additional Services.
Barring deliberate acts and/or mandatory legal provisions, FASTBACK shall not be held liable in any way for any loss or damage (direct, indirect, material or immaterial, etc.) as a result of:
(1) the contents of the Sites. FASTBACK does not guarantee the accuracy, adequacy or completeness of the information contained on the Sites. The information on the Sites, including information regarding products and services offered for sale, may be changed without prior notice. FASTBACK takes utmost care in the creation, updating and maintenance of the Site. However, should the user note that the Site contains inaccurate or obsolete information or harmful or unlawful content, or believe that one of his rights (intellectual or other) has been infringed, he should report this immediately ;
(2) the use made of the Sites ;
(3) the security of the Sites. This applies, including but not limited, to any viruses, errors and computer fraud ;
(4) the accessibility/availability of the Sites. FASTBACK does not guarantee that all functions of the Sites will always, via all technical means, be available without faults or interruptions or that faults or interruptions will be repaired immediately. In addition, FASTBACK may refuse or stop access to the Sites and additional Services at any time and without prior notice.
FASTBACK cannot under any circumstances be held liable for services and/or products, or for their billing, if these are offered by third parties and are accessible via the Sites, even if FASTBACK receives payment for this or if it deals with the billing of these services and/or products for the account of third parties.
In all cases where FASTBACK is liable, its liability will be limited to 100,00€. The above limitations and/or exclusions of FASTBACKS’s liability apply insofar as they are valid by virtue of the applicable law.
Article 6.- Respect for private life – processing of personal data
In the context of their contractual relationships, the Parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
The User irrevocably and without cost makes the data available to FASTBACK that was collected through its website and expresses his agreement to FASTBACK using and forwarding this data for advertising, commercial and marketing purposes.
By the consent given when entering or sending their personal data or by concluding a contract with FASTBACK, the Users consent to the collection and use of their personal data in the manner set out below.
FASTBACK collects personal identification information (name, address, phone number, email address, total number of visits to the site, number of visitors for each specific page of the website, domain names of the Internet Providers used by the visitors, IP-addresses, cookies…).
FASTBACK uses the data pertaining to the Users for the purpose of business management, the promotion of products and services and the compilation of statistics on the use of the site and does this for a duration of 5 years.
The User expresses his agreement with his data being used and sent to third parties for advertisement, commercial and marketing purposes and consents to receiving information on their email address (newsletter, etc.).
Right of access : The User is entitled to ask at any time if his data was obtained, for how long and for what purpose.
The right to rectification : The User is entitled to ask at any time and on simple request that his incorrect or incomplete data be corrected or completed.
The right to restriction of processing : the User is entitled to request a restriction to the processing of his data. This implies that the concerned data needs to be « marked » in our software system and that it can no longer be used for a certain period of time.
The right to erasure (‘right to be forgotten’) : Subject to exceptions provided by law, the User has the right to request that his data be erased. If the User wishes to disable FASTBACK’s ability to use his personal data, it is sufficient to write to the following address : rue Emerée 6 mag 1 at 5150 FLORIFFOUX or to send an email to the following email address : firstname.lastname@example.org
The right to erasure (‘right to be forgotten’) : Subject to exceptions provided by law, the User has the right to request that his data be erased.
Right to data portability : The user is entitled to request that his data be forwarded to him in « a structured, commonly used and machine-readable format ».
Right to lodge a complaint : The user is entitled to lodge a complaint with the data protection supervisory authority.
Article 7. –Hyperlinks
The Site can include links to other websites. However, FASTBACK cannot be held responsible for them due to the fact that it has no control over these sites. It cannot in any way be held liable for the content, advertisements, products, services nor for any other elements available on or from these sites. Furthermore, FASTBACK cannot be held liable for any loss or damage caused or alleged to be caused by, or arising in connection with the use or with the reliance on the content, products or services made available on these sites.
Article 8. –Cookies
A cookie is a text file that is installed in the browser on your computer or mobile device by a website’s server when you consult this website. The cookie contains a unique code which makes it possible for your browser to be recognized when you visit the website (“session” cookies) or during subsequent, repeated visits (“permanent” cookies). Cookies can be installed by the server of the website you visit or by partners of that website. A website’s server can only read the cookies it has installed itself ; it has no access to other information found in your computer or mobile device. Cookies are stored in the folder of your browser on your computer or mobile device. A cookie usually consists of the name of the server that placed the cookie, an expiration date and a unique number code. Cookies generally make the interaction between the visitor and the website faster and easier. Furthermore, it helps the visitor navigate between the different parts of a website. Cookies can also be used to make the content or advertisement on a website more relevant for the visitor and can be adapted to his personal taste and needs.
Functional cookies are required to facilitate access to the Sites and the use of certain elements of them. For instance, these cookies allow to navigate through the websites’ different sections, to fill out forms, to place orders, to consult a multilingual website and to update the content of your shopping basket. Furthermore, when you wish to access your personal account, for example in your administrative section or another application made available to you (e.g. Extranet, webmail, …), cookies are essential to verify your identity in a reliable manner before granting access to your personal information.
If you reject these cookies, certain sections of the website may not function properly or not at all.
The Sites install a cookie on your computer for purposes of statistical analyses and for measuring the number of visits to the site as well as for simplifying access to it. This cookie records information related to navigation patterns of the visitors to the site. It records your input data during your visit, namely certain visitor details, including the domain name and the name of the host computer from which the visitor surfs the Web, the Internet Protocol address (IP) of the computer used, the date and time of the visitor’s browsing of the Sites and the URLs from which the visitor was directed to the site.
Article 9.- Jurisdiction and applicable law
Belgian law shall apply to the Sites and the courts of the judicial district of Namur shall have sole jurisdiction over litigation arising from the use of the Sites.