LEGAL INFORMATION, RESPONSIBILITIES AND INTELLECTUAL PROPERTY

  1. Website content manager

Company name: FIM MEDICAL SAS [a simplified joint stock company]

Share capital: 166,000 euros

Registered office: 51 rue Antoine Primat – VILLEURBANNE (69100) – France 

RCS [register of trade and companies] number: 391.853.090 RCS LYON 

Tel.: +33 (0)4 72 33 43 51

Email: mad@fim-medical.com

This website is subject to French law. 

  1. Publisher

The FIM MEDICAL website is published by HARVEST Créative SARL, a private limited company with share capital of €23,700, the registered office of which is located at 21-23 rue d’Algérie in LYON (69001), France.

  1. Web hosting and other information

The website is hosted by GANDI SAS, a simplified joint stock company with share capital of €800,000 registered with the register of trade and companies of Paris under number 423 093 459 RCS PARIS, the registered office of which is located at 63-65 boulevard Masséna in PARIS (75013), France.

  1. Website content

FIM MEDICAL makes every effort to ensure that the information published on the website is accurate and up-to-date. It reserves the right to amend the content of the website at any time and without warning. Furthermore, FIM MEDICAL accepts no responsibility (direct or indirect) for errors or omissions in the content of the web pages and the improper or inappropriate use thereof by anybody.

As part of its website presenting its activities, products and achievements, FIM MEDICAL also provides information for its visitors concerning the protection of any personal data they may disclose when filling out the contact form. 

  1. Links to other websites

FIM MEDICAL may provide links on its website to other FIM MEDICAL websites, social networks, or partner or third-party websites that are not covered by this legal notice. These links are established in agreement with the websites in question at a moment in time when FIM MEDICAL considers it appropriate to provide them, in light of the content and services of these websites. 

FIM MEDICAL cannot be held responsible for the content of these websites and how visitors use them. 

  1. Intellectual property

Visiting the website confers upon the visitor a private and non-exclusive right to use the website. All the content published on the website, in particular text, images, photographs, infographics, videos, logos and trademarks, are works protected under France’s intellectual property code. These works are owned exclusively by FIM MEDICAL or, for some content, fall under third-party licences that have been granted to it. 

Consequently, any reproduction or performance thereof, in whole or in part, carried out without the consent of its authors or their beneficiaries, is unlawful and constitutes an infringement.

Any reproduction, performance, dissemination or re-dissemination, in whole or in part, of the content of this website, on any medium or via any process whatsoever, as well as any sale, resale, retransmission or provision to third parties in any way whatsoever, is prohibited. 

Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer. 

  1. Website downtime 

FIM MEDICAL will make every effort to ensure visitors can access the website at all times. FIM MEDICAL cannot be held responsible if the website is down, regardless of the reason for this. 

Occasionally, FIM MEDICAL may interrupt its services for operational reasons, to perform maintenance, or in the event of an emergency. This may not give rise to claims for damages of any nature whatsoever.

FIM MEDICAL makes every effort to maintain the security of visitors when they use its website and its services, as well as to ensure its website works properly and without interruption. FIM MEDICAL does not, however, guarantee uninterrupted and secure access to its services at all times, as numerous factors beyond FIM MEDICAL’s control may stop such services from working properly. 

  1. Personal data – cookies

FIM MEDICAL undertakes to respect the privacy of visitors to its website and to protect the information they disclose. 

The rules applicable to the processing of personal data in connexion with the website are as follows:

Information collected 

The website can generally be visited without any obligation to disclose personal information unless the visitor wishes to fill in the contact form. However, the web server of FIM MEDICAL may automatically save certain information such as the Internet Protocol (IP) address and other information such as the name of the internet service provider, the browser, the operating system and language used, the website from which the connexion is established, the keywords and plug-ins added to the browser to display the content, the web pages consulted and the order of consultation, as well as the date and duration of the visit. 

In addition, FIM MEDICAL may collect and process personal data about each visitor or customer via the contact form available on the website or order forms that can be filled out online. As such, each visitor or customer who communicates with FIM MEDICAL via email or by using a contact form will disclose their contact details as well as the subject of their message and any other necessary information, and said information will be processed by FIM MEDICAL to respond to these requests and provide follow-up. 

Data protection rights 

Under application of France’s data freedom law 78-17 of 6 January 1978 and Regulation (EU) 2016/679, applicable from 25 May 2018, you are reminded that the personal data requested from visitors or customers are necessary to process the orders and/or services that they are asking FIM MEDICAL to perform in the context of the commercial commitments that have been entered into. The collection of these data is solely for this purpose (i.e., the processing of orders and contractual services (transport, delivery, etc.)). 

Such processing is mainly for accounting, commercial and logistics purposes to fulfil said order or contract, but the data may also be used for promotional or advertising campaigns.

These data are not disclosed to third parties to the contract or to the order: the sole recipients are FIM MEDICAL staff members and the various actors and service providers that are party to the contract, for example for transport and delivery. Any person with access to such data will be bound by a confidentiality agreement that specifically refers to the respect of the confidentiality of the personal data to which this person has access.

The data to be provided will be labelled as compulsory or optional, it being specified that failing to provide it may hinder the processing of all or part of the order or the contract.

Such data are retained for the legal retention period.

The visitor or customer has, in accordance with the current French and European regulations, a permanent right of access, amendment, rectification, objection and data portability with regard to their information. 

This right can be exercised under the terms and conditions that will be sent to you by the FIM MEDICAL Controller, Ms Marie-Ange Derei. You can contact Ms Derei by email at the following address: mad@fim-medical.com.

The Controller will send you a reply within two months of the date of receipt of the request. If a request made on site cannot be fulfilled immediately, a dated and signed notice of receipt will be given to party who made the request. If the request is incomplete (proof of identity is not enclosed, for example), the Controller is entitled to ask for additional information: the time frame is therefore suspended and begins to run again once such information has been provided.

Cookies

The website uses cookies. Cookies are text files stored on a computer when the visitor or the customer visits the website. They are used to identify a computer when it next visits the website. 

Depending on how the browser is configured, various cookies may be installed on the hard disk of the visitor’s computer during the visit. FIM MEDICAL can read the installed cookies for the duration of validity of each cookie, or until said cookie is deleted. 

Cookies can be used for the following purposes: 

– Facilitate browsing and enable web pages to display correctly (session cookies), 

– Remember visitor preferences, display choices or the configuration of language choices, 

– Identify whether the visitor arrived from another FIM MEDICAL website or a partner website, 

– Analyse the performance of the website using anonymous browser information (for example, pages viewed, number of visits, etc.). 

The cookies used do not enable FIM MEDICAL to personally identify visitors and are designed to be used solely by FIM MEDICAL. 

Each visitor can stop all of these cookies or just certain cookies from being saved by adjusting the settings of their browser. To do so, the user is invited to refer to the process set out in the browser’s instructions for use. 

  1. Confidentiality

FIM MEDICAL is bound by a confidentiality obligation with regard to its visitors and customers covering all data and information of any kind whatsoever submitted via the website. This information may be of a commercial, accounting, legal or financial nature, for example. FIM MEDICAL will ensure it is secure, insofar as that is technically possible, so these data cannot be accessed by an unauthorised third party.

FIM MEDICAL will not under any circumstances be held responsible if one of its visitors or customers fails to respect the confidentiality obligation: it is the responsibility of visitors and customers to set up appropriate conditions of access for their computer or their account, such as a password, and to take the necessary measures to ensure that unauthorised third parties cannot access their confidential data and information. In addition, you are reminded that the access codes and authorisations sent to visitors or customers by FIM MEDICAL are personal and confidential and cannot be transferred or shared.