General terms and conditions of the website
PREAMBLE AND OPPOSABILITY
The user who wishes to use this site is presumed to have read these general terms and conditions on the website. Each unique visiter is required to take note of any further developments regarding these terms. These general conditions and terms of the website are not general conditions of sale or general conditions of services. They are intended to represent the rules that any internet user with a personal account and password must respect. Access by internet users who do not have a personal account is strictly limited to the free area of the website. The website www.finexkap.com is the exclusive property of the company Finexkap SAS, registered in the Paris Trade and Companies Register under number 788 592 889, a simplified joint-stock company under French law whose head office is located 9 / 13, rue de Charenton, 75012 Paris and whose share capital of 1,386,384 euros, and whose intra-community VAT number is FR89 788 592 889 (hereinafter referred to as “Finexkap”)
The site is made available by Finexkap SAS to its subsidiary Finexkap AM SAS, a simplified joint-stock company under French law whose head office is located at 9/13, rue de Charenton, 75012 Paris, registered with the Paris Trade and Companies Register. under the number 802 023 432, with a share capital of 5,501,000 euros. Finexkap AM is an asset management company regulated by the Autorité des Marchés Financiers under number GP-14000044 (https://www.amf-france.org).
The Internet user who wishes to use this website is assumed to have read these general terms and conditions of use of the website.
At each visit, it is required to take note of any changes in the latter.
These general terms and conditions for the use of the website are not general terms and conditions of sale or general terms and conditions for the provision of services.
They are intended to constitute the rule that must be respected by all Internet users visiting the www.finexkap.com website.
ACCESS AND CONTENT
The user acknowledges having read these general terms and conditions of use and undertakes to comply with their provisions.
Access to the website is free.
However, certain parts of the website are only accessible to users with a personal account and password.
Access for users of the website who do not have a personal space is strictly limited to the free area of the website.
However, certain parts of the website are only accessible to users with a personal account and password.
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.
TECHNOLOGY AND DATA PRIVACY
In application of the law of 6 January 1978 as amended, relating to information technology, files and liberties, the website has been declared to the National Commission for Information Technology and Liberties.
The user is in particular informed that pursuant to Article 32 of the Data Protection Act, Finexkap, as data controller, implements a processing of personal data for the main purposes:
- - management access and operation of the service;
- - management and follow-up of the customer, user and prospect relationship;
- - offering solutions for the assignment deed ;
- - putting the user in contact with a securitisation institution;
- - analysis, reporting and statistics;
- - commercial prospecting.
The customer certifies that he is also in compliance with the Data Protection Act; Finexkap's responsibility can in no way be sought in this regard.
The creation of a customer account and the access to the personal space require the communication of personal data by the customer.
The customer undertakes in this respect to communicate only fair and lawful information.
The custumer will keep Finexkap informed for any changes of information.
Mandatory data collected via the forms on the website are marked with an asterisk. In the absence of response or if the information provided is erroneous, Finexkap will not be able to process the request made to it.
The data are intended for the authorized services of Finexkap, its subcontractors and respective partners, or in general to third party companies offering solutions that may be of interest to the user.
In addition, some of the data collected may be communicated to commercial and contractual partners for the purposes of investigation, analysis and commercial prospecting.
In accordance with the provisions of the law of 6 January 1978, the user whose personal data has been collected has a right of access, query, and rectification which allows him/her, if necessary, to rectify, complete, update, lock or erase personal data concerning him/her when such data is inaccurate, incomplete, equivocal, out of date or whose collection, use, communication or conservation is prohibited.
The user also has the right to object to the processing of the data on legitimate grounds as well as the right to object to the use of such data for commercial prospecting purposes.
The customer has the right to object, free of charge, to his data being used for such purposes.
Users may exercise their rights by sending an e-mail with a copy of a signed identity document to firstname.lastname@example.org or by clicking here: https://www.finexkap.com/contact. https://www.finexkap.com/contact.
In addition, Finexkap informs the customers debtors wishing to assign their trade receivables to Finexkap AM, that it collects personal data concerning them and that, in application of the regulations, they also have the rights conferred on them by the law of 6 January 1978.
The user of the site is required to comply with the provisions of the law relating to data processing, files and freedoms, the violation of which is punishable by criminal penalties.
In particular, he must refrain, with regard to the personal information to which he has or could have access, from any collection, any misuse in a general way, any act likely to infringe the private life or reputation of individuals.
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.
ny 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:
- - download the content of the website to his/ her computer only for personal use and for a limited time;
- - print pages of the downloaded website only on paper provided that said copies are strictly limited to personal use.
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.
L’utilisateur ne peut pas mettre en place un lien hypertexte en direction du site web sans l’autorisation expresse et préalable de Finexkap.
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.
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.
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.
Latest update date: 24/12/2019