Legal Notice & Privacy Policy

Legal Notices & Terms of Use

Legal Notices

1. Site Publisher

Site Publisher: Christian DEWAELE-VERKOUCKE
Address: 22 rue des Pâquerettes, 59640 Dunkerque, France
Registration / SIRET: Pending registration
Legal Form: Sole Proprietor (Entrepreneur individuel - pending registration)
Intra-Community VAT Number: Pending issuance
Contact Email: contact@flexisite.net
Telephone: +84 76 434 7573
Publication Director: Christian DEWAELE-VERKOUCKE

2. Hosting, Infrastructure & Third-Party Providers

The website is hosted by OVH SAS (SIRET: 424 761 419 00045 - RCS Lille Métropole), located at 2 rue Kellermann - 59100 Roubaix - France (Telephone: 1007 or +33 9 72 10 10 07). OVH provides both web page hosting and personal data hosting on servers located in Gravelines, France.

The platform uses third-party security, routing, and analytics services (including Google Analytics and Google reCAPTCHA). These providers act as technical subcontractors to ensure availability, anti-bot protection, audience measurement, and overall service security.

In accordance with the French Act for Trust in the Digital Economy (LCEN) of June 21, 2004, any person wishing to file a liability action for content stored on the site must first identify the host using the information above.

Privacy Policy (GDPR Compliance & International Standards)

1. Data Controller & Dual Status

The platform operates under a dual legal status regarding data protection:

Data Controller: Christian DEWAELE-VERKOUCKE (contact@flexisite.net) for data relating to survey creator accounts (last name, first name, email, hashed password, billing data).

Technical Subcontractor (Data Processor): For data collected from survey respondents, the survey creator remains the sole Data Controller. The platform acts exclusively as a host and technical subcontractor on behalf of the creator.

2. Data Protection & Absolute Non-Resale Commitment

Under no circumstances are personally identifiable information (PII) — such as names, first names, email addresses, IP addresses, or nominative responses — sold, rented, transferred, or disclosed to third parties, except under legal obligation or explicit request from competent authorities.

3. Minimum Age & Minor Protection

Account Creation: Use of the service for account creation (survey creators) is strictly restricted to individuals aged 15 or older, in accordance with Article 7-1 of the Data Protection Act.

Survey Respondents: Individuals under 15 years of age may only respond to a survey with the prior authorization of their legal representatives. It is the survey creator's responsibility to ensure compliance with this requirement. The platform does not knowingly collect data relating to minors without the prior agreement of their legal representatives.

4. Data Collected, Purposes & Legal Bases (Art. 6 GDPR)

Default Anonymity: Unless an explicit option is enabled by the survey creator, all surveys are anonymous by default. Respondents are not identifiable and no nominative personal data is collected. Only hashed technical data (IP address, browser fingerprint) is recorded to prevent fraud and guarantee vote integrity.

Non-Anonymous Surveys (Optional): The creator can enable an option allowing the collection of nominative personal data (name, email, etc.) when necessary for the survey's purpose (e.g., prize draw, meal selection, event registration). In this case:

The creator must clearly inform respondents about the collection of personal data and its purpose (Art. 13 GDPR).
Collection is limited to data strictly necessary for the stated purpose (data minimization principle, Art. 5 GDPR).
The platform acts as a technical subcontractor. The creator remains solely responsible for processing and must ensure a valid legal basis exists (consent, contract execution, legal obligation, etc.).

Personal data is processed exclusively for the following purposes and legal bases:

Creator Account Management: (Name, email, hashed password) | Legal basis: Contract execution (Art. 6.1.b GDPR).
Subscriptions & Billing: (Billing address, payment history) | Legal basis: Contract execution (Art. 6.1.b GDPR) and Accounting legal obligation (Art. 6.1.c GDPR).
Fraud Prevention & Vote Integrity: (IP address, technical fingerprint, cookies/local storage). This data is systematically hashed and pseudonymized to guarantee user confidentiality and prevent direct identification. | Legal basis: Legitimate interest (Art. 6.1.f GDPR) of the publisher and creators to ensure result reliability and service security.
Customer Support & Security: | Legal basis: Legitimate interest (Art. 6.1.f GDPR) to provide assistance and maintain platform integrity.
Respondent Data: The platform acts as a subcontractor. The survey creator is responsible for informing respondents clearly and completely (identity of data controller, purposes, legal basis, recipients, retention period, rights, etc.) in accordance with Article 13 of the GDPR.

5. Management of Sensitive Data (Art. 9 GDPR)

The platform allows survey creators to ask questions on all types of topics, including those likely to reveal political, religious, philosophical opinions, or other sensitive data. However, in accordance with Article 9 of the GDPR, the processing of such data is strictly regulated.

Creator Responsibility: It is exclusively the survey creator's responsibility to ensure they have a valid legal basis to collect sensitive data, notably the explicit, free, specific, and informed consent of respondents. This consent must be collected via a clear positive action (active and mandatory checkbox, written declaration, etc.) prior to any sensitive data collection.

Platform Prohibition: The platform does not collect, analyze, or exploit sensitive data on its own behalf, except in strictly anonymized and aggregated form for statistical purposes. Under no circumstances can the platform identify a respondent from sensitive data collected via a survey.

Reporting: The platform reserves the right to delete without notice any survey collecting sensitive data without proof of valid consent or in blatant violation of legal provisions. Any illegal content can be reported to: contact@flexisite.net.

6. International Data Transfers

In utilizing technical subcontractors (particularly Google analytics and security services), certain data may be transferred or hosted on servers located outside the European Union.

The publisher guarantees that such transfers are strictly governed by appropriate safeguards, notably the signing of Standard Contractual Clauses (SCCs) approved by the European Commission. In accordance with the Schrems II ruling, the publisher has conducted an impact assessment and implements supplementary technical measures (encryption, pseudonymization, access control) to ensure a level of protection equivalent to that of the EU.

7. Data Retention Periods

Account Data: Retained for the active duration of the account, then deleted or anonymized after 3 years of inactivity.
Survey Data: Responses associated with a survey are kept as long as the survey or creator account remains active. Deletion of a survey by its creator results in the permanent and irreversible deletion of associated responses.
Billing Data: Retained for 10 years in accordance with legal and accounting obligations.
Cookie Consent Data: Retained for 6 months in accordance with CNIL recommendations.

8. Your Rights (GDPR)

In accordance with the General Data Protection Regulation (GDPR), you have the following rights:

Right of access: Obtain a copy of your personal data
Right to rectification: Correct inaccurate or incomplete data
Right to erasure (right to be forgotten): Request deletion of your data
Right to restriction: Temporarily suspend processing of your data
Right to object: Object to processing for legitimate reasons
Right to portability: Retrieve your data in a structured, readable format

To exercise these rights, please contact contact@flexisite.net. You may also lodge a complaint with the CNIL (www.cnil.fr).

9. Data Security

All data transmitted via the site is encrypted using SSL/TLS protocol (HTTPS). User passwords stored in the database are systematically hashed using strong cryptographic algorithms (bcrypt, Argon2).

The publisher implements appropriate technical and organizational measures to guarantee data security and confidentiality, in accordance with Article 32 of the GDPR.

10. Processing Register (Art. 30 GDPR)

A register of processing activities is maintained in accordance with Article 30 of the GDPR. It is available upon request at contact@flexisite.net.

11. Cookie Management & Trackers (CNIL)

The site uses cookies and local storage technologies to ensure proper operation and measure audience size, in accordance with CNIL recommendations.

A. Strictly Necessary Cookies (No prior consent required)

These cookies are essential for the platform's technical operation and security:

Session and authentication cookies: To maintain connection to your creator account.
Google reCAPTCHA & Anti-bot measures: To protect forms and surveys against spam and automated attacks.
Consent memorization: To record your choices regarding trackers.

B. Audience Measurement and Analytics Cookies (Subject to consent)

Subject to your prior agreement via the consent banner:

Google Analytics: Used to analyze site traffic and usage to improve user experience (IP addresses anonymized). Configuration complies with CNIL recommendations (IP anonymization, disabling data sharing with Google).

C. Control and Retention Period

In accordance with CNIL recommendations:

Your choices (acceptance or refusal) are retained for 6 months.
You may modify or withdraw your consent at any time via the "Cookie management" link available at the bottom of the page.
The maximum lifespan of deployed cookies is 13 months.

12. Use of Artificial Intelligence

Certain platform features may use artificial intelligence (AI) systems, notably for:

Automatic generation of survey questions from text prompts
Suggestion of formulations or survey structures
Generation of illustration images for surveys
Assistance with automatic form field completion

In accordance with Regulation (EU) 2024/1689 (AI Act), users are informed when interacting with an AI system. AI-generated content (questions, images, suggestions) is systematically submitted for explicit user validation prior to publication. The user retains total control over generated content and may modify, reject, or accept it.

No automated profiling with legal effect is carried out without human oversight. Data submitted to AI systems is processed in accordance with this Privacy Policy and is not used to train third-party AI models without explicit consent.

For any questions regarding the use of AI on the platform, please contact contact@flexisite.net.

Terms of Use & Sale (ToU / ToS)

1. Publisher & Service Overview

These Terms govern access to and use of the Software as a Service (SaaS) online survey creation and management solution provided by:

Publisher: Christian DEWAELE-VERKOUCKE
Address: 22 rue des Pâquerettes, 59640 Dunkerque, France
SIRET: Pending registration
Contact: contact@flexisite.net | +84 76 434 7573

2. Account Access & Credential Responsibility

Accessing the service requires creating a user account providing accurate and updated information.

The user is solely responsible for maintaining the confidentiality of their credentials and for any activity performed from their account.

Account access is personal, non-transferable, and strictly reserved for the account holder.

3. Survey Ownership & Data Exploitation

The service enables users to create and manage online surveys, constituting digital assets under French law. By default, surveys are anonymous: no nominative personal data is collected from respondents.

Public Surveys: When a user creates a survey configured as "Public", they grant the publisher a worldwide, free, and non-exclusive license to analyze, aggregate, and exploit the responses obtained for statistical purposes, service improvement, and commercialization of global market studies. The publisher guarantees that such data is strictly and irreversibly anonymized, making direct or indirect identification of any respondent, user, or company impossible.

Private Surveys: Data, questions, and responses from surveys configured as "Private" remain the exclusive property of the creator user. The publisher strictly prohibits accessing, analyzing, aggregating, or reusing private survey data for any purpose whatsoever.

Non-Anonymous Surveys (Option enabled by creator): When the creator enables the collection of nominative personal data, they remain solely responsible for processing such data. The platform acts exclusively as a technical subcontractor and cannot exploit this data for its own purposes. The creator must inform respondents in accordance with Article 13 of the GDPR.

4. Acceptable Use, Anti-Phishing & Abuse Reporting

The user agrees to use the service in a legal, ethical manner consistent with its purpose. It is strictly forbidden to use the platform to:

Create surveys aimed at fraudulently collecting sensitive data (passwords, credit card numbers, banking details, identification documents).
Distribute hateful, defamatory, obscene, pornographic content or content contrary to applicable laws.
Conduct denial of service attacks (DDoS), use automated scripts (bots, scrapers), or attempt to disrupt service operation.
Create electoral or political surveys without prior declaration to the Survey Commission (Law No. 77-808 of July 19, 1977).

Information Obligation: When the creator enables the collection of nominative personal data (name, email, etc.), they must clearly inform respondents of the purpose of this collection and their identity as data controller. Data collection must be limited to what is strictly necessary to achieve the stated purpose (e.g., prize allocation, meal choice, event registration).

The publisher reserves the right to immediately suspend or delete, without notice or compensation, any survey or user account violating these rules. Any illegal content can be reported to: contact@flexisite.net.

Electoral Surveys: In accordance with Law No. 77-808 of July 19, 1977, the publication or dissemination of electoral surveys (presidential, legislative, European, referendums, etc.) is subject to reporting obligations to the Survey Commission. Users wishing to publish this type of survey must ensure compliance with current legislation and display mandatory legal notices (name of organization, sponsor, number of people surveyed, dates, questions, margins of error).

5. Pricing, Currencies & Taxes

Subscription rates (monthly or annual) are detailed on our pricing page.

EU Residents: Applicable VAT is adjusted according to the legal rate in force in the buyer's country of residence.

Non-EU Residents: Prices are exclusive of local taxes or custom duties, which remain the buyer's sole responsibility.

Prices are subject to change; any changes will apply to subsequent renewal periods.

6. Payment & Automatic Renewal

Payments are secure and processed via credit card or available online payment gateways.

Automatic renewal: Subscriptions renew automatically at the end of each billing cycle (monthly or annual), unless cancellation is made prior to the renewal date.

7. Right of Withdrawal & Refund Policy

A. European Union Residents (B2C)

In accordance with Article L.221-18 of the French Consumer Code, consumers normally have a period of 14 calendar days to exercise their right of withdrawal.

However, in accordance with Article L.221-28 of the Consumer Code and European directives:

By validating their order and immediately accessing the SaaS service, the user expressly requests immediate execution of the service contract.

Consequently, the user expressly waives their 14-day right of withdrawal upon activation or first use of the service. This waiver is materialized by a mandatory checkbox during registration: "I request immediate execution of the service and waive my 14-day right of withdrawal."

B. Non-EU Residents

All sales outside the European Union are final upon account activation. No right of withdrawal applies, unless mandatory local legislation dictates otherwise.

C. Professionals (B2B)

The right of withdrawal does not apply to contracts concluded between professionals. All B2B sales are final upon account activation.

8. Termination

The user may terminate their subscription at any time from their dashboard or by contacting contact@flexisite.net. Termination will take effect at the end of the current billing period. No pro-rata refunds are issued for unused periods.

9. Legal Guarantees (B2C)

In accordance with the French Consumer Code, consumer users benefit from the following legal guarantees:

Legal guarantee of conformity (Articles L.217-3 et seq. of the Consumer Code): The service must comply with the contract and be free from defects. In case of non-conformity appearing within 2 years of digital service delivery, the user may request repair, replacement, price reduction, or contract cancellation at no extra cost.
Guarantee against hidden defects (Articles 1641 et seq. of the Civil Code): The publisher guarantees the service against hidden defects rendering the service unfit for its intended use or significantly diminishing such use. This guarantee applies within 2 years of discovering the defect.

These guarantees apply in accordance with the law and at no extra cost. To exercise them, please contact contact@flexisite.net.

10. Software Intellectual Property

All rights, titles, and interests relating to the software, source code, design, architecture, and trademarks remain the exclusive property of Christian DEWAELE-VERKOUCKE. The subscription grants a personal, non-exclusive, non-transferable, and limited right to use the platform.

11. Use of Artificial Intelligence

The platform incorporates artificial intelligence (AI) features to assist users in creating surveys. These features include:

Automatic generation of questions and survey structures
Suggestion of phrasing and optimizations
Generation of custom illustration images
Assistance with automatic form field completion

Mandatory human validation: All AI-generated content (questions, images, text, suggestions) must be explicitly validated by the user before publication. The user remains solely responsible for the final content of their surveys and agrees to verify the accuracy, legality, and compliance of generated content.

Ownership of generated content: AI-generated content validated by the user becomes the user's exclusive property, subject to compliance with third-party intellectual property rights. The publisher does not guarantee the absolute originality of generated content and invites users to verify the absence of counterfeiting or copyright infringement.

AI Act Compliance: In accordance with Regulation (EU) 2024/1689, the publisher informs users of the use of AI systems and implements technical measures to ensure transparency, traceability, and human control over generated content.

12. Availability & Limitation of Liability

The publisher implements reasonable means to ensure service access 24/7, but does not guarantee uninterrupted operation due to maintenance operations, network failures, or force majeure events.

The user remains solely responsible for backing up their data and exploiting their survey results.

Limitation of Liability: To the maximum extent permitted by law, the publisher's total cumulative liability for any damage, loss, or injury arising from the use of the service is expressly limited to the total amount actually paid by the user during the twelve (12) months preceding the event giving rise to the damage.

Limits: This limitation of liability does not apply in case of gross negligence, willful misconduct, breach of essential contract obligations, or personal injury, in accordance with French law.

13. Modification of Terms

These Terms may be modified at any time. Users will be informed by email and via a banner on the site. Continued use constitutes acceptance of the new terms.

14. Force Majeure

The publisher shall not be liable in case of force majeure (e.g., cyberattack, natural disaster, general telecommunications strike, pandemic, or any event beyond reasonable control).

15. Contract Assignment

In the event of a business transfer, data may be transferred to the acquirer, subject to compliance with legal obligations and user notification.

16. Prevalent Language

These Terms are provided in French, English, and Vietnamese. In case of interpretation divergence or contradiction:

For users residing outside Vietnam, the French version shall prevail to determine the contractual relationship.
For users residing or established in Vietnam, the Vietnamese version shall prevail and apply exclusively, in accordance with specific provisions applicable under Vietnamese law.

17. Governing Law & Disputes

Governing law: These Terms are governed by French law, without prejudice to mandatory consumer protection provisions applicable in the user's country of residence.

Amicable settlement: In case of dispute, the user agrees to first contact customer service at contact@flexisite.net to seek an amicable solution.

Consumer Ombudsman: In the event of an unresolved dispute, consumers residing in the EU may contact the competent consumer ombudsman. The ombudsman designated by the publisher will be communicated on this page at a later date.

Online Dispute Resolution (EU Consumers): In case of unresolved dispute, consumers residing in the EU can access the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

Jurisdiction: Failing amicable agreement, the competent courts within the jurisdiction of the publisher's registered office shall have sole jurisdiction, without prejudice to mandatory consumer protection provisions.

Note for Users Based in Vietnam

If you reside or are established in Vietnam, please consult the Vietnamese version of this page. It incorporates all specific provisions applicable under Vietnamese law, notably relating to:

Personal data protection (Decree 13/2023/ND-CP)
Consumer protection
Local billing procedures (VND / Invoice)
Vietnamese tax and accounting obligations

Last updated: August 12, 2026