GENERAL TERMS AND CONDITIONS OF THE WEBSITEDate of last update: December 24, 2019
1. PREAMBLE AND OPPOSABILITY
L’internaute qui souhaite utiliser ce site est supposé avoir pris connaissance des présentes conditions générales d’utilisation on du site web. Il est tenu à chaque visite de prendre connaissance d’éventuelles évolutions de ces dernières. Ces conditions générales d’utilisation du site web ne sont pas des conditions générales de vente ou des conditions générales de prestations de services. Elles ont vocation à constituer la règle que doit respecter tout internaute muni d’un compte personnel et d’un mot de passe. L’accès des utilisateurs du site web ne disposant pas d’un compte personnel est strictement limité à la zone libre du site web. Le site web www.finexpay.com est la propriété exclusive de la société Finexkap SAS, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro 788 592 889, société par actions simplifiée de droit français dont le siège social est situé 92 rue du Faubourg Saint-Antoine, 75012 Paris et dont le capital social de 1.386.384 euros, et dont le numéro TVA intracommunautaire est FR89 788 592 889 (ci-après dénommée « Finexkap »). Le site est mis à disposition par Finexkap SAS à sa filiale Finexkap AM SAS, société par actions simplifiée de droit français dont le siège social est situé 92 rue du Faubourg Saint-Antoine, 75012 Paris immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro 802 023 432, au capital social de 5.501.000 euros. Finexkap AM est une société de gestion de portefeuille agréée par l’Autorité des marchés financiers sous le numéro GP-14000044 (http://www.amf-france.org).
2. ACCESS AND CONTENT
The user of the website who does not have a personal account is prohibited to gain all access to a personal account and undertakes not to enter or attempt to enter this account. Such access will be considered as fraudulent access with the meaning of the provisions of the Criminal Code. If the user of the site who does not have a personal account inadvertently enters such an account, without right, he undertakes to inform the publisher of the site at the following address: email@example.com. The user of the website undertakes to consider that all the data of which he becomes aware during such access to a personal account are confidential data and undertakes, therefore, not to disclose them. The user of the website acknowledges to have the skills and means necessary to access and use this website. The user of the website acknowledges that he has checked that the computer configuration used does not contain any virus and that it is in perfect working order.
Finexkap cannot be held responsible for: - the quality of service, the service being offered "as is"; - disruption to the use of the website; - the inability to use the website; - breaches of IT security, which may cause damage to users' IT equipment and their data; - infringement of user rights in general.
Finexkap makes every effort to provide users with available and verified information or tools but cannot be held responsible for errors, lack of availability of features or the presence of viruses on its website. The website is accessible 24 hours a day, 7 days a week. The website publisher cannot, however, be held responsible for discontinuities of the site and its services, whether voluntary or not. In addition, for maintenance reasons, the website publisher may interrupt its site and will endeavor to notify users beforehand. Finexkap uses reliable sources to ensure that the information available on the site is accurate and regularly updated. However, Finexkap cannot guarantee the accuracy, completeness, topicality of the information disseminated on its website and cannot be held responsible for any damage that may be caused by the use of this site. The information provided by Finexkap is for information only and does not exempt the user from further and personalized analysis. Consequently, the user acknowledges using this information under his exclusive responsibility.
Finexkap reserves the right to delete, change or modify this site at any time without notice. Finexkap cannot be held liable for any damage, in particular damage resulting from the transmission of documents over the Internet. Finexkap reserves the right to revise, delete, modify, validate or change, in whole or in part, any content sent to the website or displayed on it. The user undertakes to use the services of the site as well as all the information to which he may have access only for personal or professional reasons and for a purpose consistent with public order, morality and rights some thirds. The user undertakes not to commit any act which could jeopardize the computer security of the website or of the other users' computer system. The user undertakes not to interfere with or interrupt the normal functioning of the website. The user agrees, when requested, to provide only complete, accurate and up to date information about him.
3. TECHNOLOGY AND DATA PRIVACY
Finexkap and Finexkap AM, as entities in charge of data management, or co-charge or sub-contractorq, as the case may be, of process personal data including data related to the customer and other third-parties that may be concerned by the proposed financing solutions.The purpose of this management is:
The legal grounds for this processing are the necessary processes for the execution of a contract or the execution of pre-contractual measures taken at a client's request, compliance with legal and regulatory obligations, and the legitimate interests pursued by Finexkap and Finexkap AM (especially for statistics management).
The information collected during the execution of a financing contract, the execution of pre-contractual measures or compliance with the legal and regulatory obligations of Finexkap AM, are mandatory. In the absence of communication of this information, a customer's request cannot be examined or its analysis will be delayed. The information communicated by the customer, as well as any subsequent information regarding the customer, is intended for the use of authorized personnel of Finexkap and Finexkap AM who are bound to an obligation of confidentiality, as well as commercial partners and possible subcontractors acting at the request of Finexkap or Finexkap AM (located in Europe or outside Europe including the United States of America). The information communicated by the customer is also likely to be communicated to a depositary in Switzerland as well as to investors located in the European Economic Area, in China, in Russia, in the United States, in Canada, in India and in the Japan for reporting purposes. The transfer of information to these countries is governed by confidentiality guarantees contractually provided with the investors concerned. The customer can obtain communication of the guarantees taken by contacting the data protection officer by email at the following address: firstname.lastname@example.org or by regular mail adressed to the head office of Finexkap or Finexkap AM. Customer's personal data are kept for variable periods depending on the purpose of their collection:
When required by regulation, these periods may be longer. In addition, it is specified that in the event that personal data is collected for several purposes, it will be kept until the longest retention or archiving period has elapsed.
The customer has a right of access, interrogation, rectification and erasure of information concerning him, limitation of processing, a right to data portability, as well as a right to withdrawal of his consent.
The customer also has the right to formulate specific and general directives concerning the storage, erasure and communication of their post-mortem data. With regard to the general directives, they must be addressed to a third party who will be designated by law.
The communication of specific post-mortem directives and the exercise of rights are made by means of a written request, accompanied by a copy of the customer's identity document signed, to the following address: email@example.com or by regular mail adressed to Finexkap or Finexkap AM head office.
The customer has a right of opposition to the processing of personal data for the purpose of carrying out a task of public interest, falling within the exercise of public authority or the realization of the legitimate interests pursued by Finexkap and Finexkap AM, unless there is a compelling reason. The customer also has the right to object to the processing of personal data.
The customer can ask to stop receiving e-mails at any time by clicking on the link provided for this purpose and inserted in the footer of each e-mail that will be sent to him or by request by sending a letter to the following address: firstname.lastname@example.org or by mail to the head office of Finexkap or Finexkap AM.
Furthermore, the client has the right to file a complaint with the CNIL.
5. INTELLECTUAL PROPERTY
The content of the website, the general structure as well as the software, texts, images animated or not, photographs, its know-how and all the other elements composing the site are the exclusive property of Finexkap, or third-parties which have granted them a license. The user is prohibited in particular from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/ or distributing in any way whatsoever the services, the pages of the site, or the computer codes of the elements making up the services and the website. Any reproduction and/ or representation, total or partial of one of these rights, without the express authorization of Finexkap, is prohibited and would constitute an infringement likely to engage the civil and penal liability of the infringer. Consequently, the user is prohibited from any action and any act likely to infringe directly or not the intellectual property rights of Finexkap.
Finexkap grants the user a private, non-collective and non-exclusive right to use the content of the website. This right of use includes the right to reproduce for storage for the purpose of representation on a single screen and to reproduce by printing on paper. Any diffusion, any replay, in any form, even partial, is therefore prohibited. This right is personal and is reserved for the exclusive use of the user. It is not transmissible in any way.
The user therefore agrees to:
The same applies to the databases appearing, where applicable on the website, which are protected by the articles of the Intellectual Property Code. The distinctive signs of Finexkap, and their partners, such as domain names, brands, names as well as the logos appearing on the website are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the site without the express authorization of Finexkap is therefore prohibited, within the meaning of the Intellectual Property Code.
Finexkap reserves the right to set up hyperlinks on the website giving access to web pages other than those of the website. The hypertext links set up within the framework of the website towards other resources present on the Internet, and in particular to Finexkap partners, have been subject to prior, written and express authorization. Users are formally informed that the sites which they can access via hypertext links do not belong to Finexkap. Finexkap can not be responsible for access by users via the hypertext links set up within the framework of the site towards other resources present on the Internet, nor for the content of the information provided on these sites under the activation of the hyperlink. The user cannot set up a hypertext link to the website without the express prior authorization of Finexkap. In no case may this authorization be qualified as an implicit affiliation agreement. In any event, the hypertext links to the website must be removed at the request of Finexkap.
7. APPLICABLE LAW - COMPETENT JURISDICTION
French law is applicable for both formal and substantive rules. ANY LITIGATION ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE WEBSITE WILL BE UNDER THE COMPETENCE OF FRENCH JURISDICTIONS.
8. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
Finexkap reserves the right to modify and update these general conditions of use at any time without notice. The user is therefore invited to consult them regularly.