Politique cookie – Finexkap

1. Who are we?

1.1. The website www.finexkap.com is the property of the company Finexkap SAS, whose registered office is located at 9 rue Parrot, 75012 Paris, registered with the Paris Trade and Companies Registry under number 788 592 889, a simplified joint stock company with a share capital of €661,397, e-mail info@finexkap.com, telephone: 01 82 83 14 47, intra-community VAT number FR89 788 592 889.

2. Using of cookies^[1]

3. Why this cookie policy?

4. What are cookies?

5. Why use cookies?

6. What cookies do we use?

6.1. The cookies and tracers used on the site are :

	TYPE	NAME	COMPANY	WHAT ARE THEY FOR?	LIFETIME^[2]
1	Permanent session cookie	«finexkap front_session»	Finexkap	Allows us to identify users of the platform once they have entered their identifiers.	15 minutes
2	Session security cookie	«XSRF_TOKEN»	Finexkap	Allows us to check and prevent attacks.	15 minutes
3	Anonymization cookie	«_ga»	Google Inc	Allows anonymous tracking of users on Google Analytics.	2 years
4	Audience analysis	«utma»	Google Inc	This cookie is used to distinguish unique visitors to the website.	2 years
5	Audience analysis	«utmb»	Google Inc	This cookie is used to track the user's visiting session.	30minutes
6	Audience analysis	«utmc»	Google Inc	This cookie works in conjunction with the "utmb" cookie to determine whether or not there is a new visit by the current unique visitor.	Expires at the end of the session
7	Audience analysis	«utmz»	Google Inc	This cookie stores all the information needed to identify a source of traffic.	6 months
8	Audience analysis	«utmt»	Google Inc	Allows us to limit the number of queries to Google Analytics.	10 minutes

7. Consent^[3]

8. Delete and/or reject cookies?

Right of opposition and access^[6]

Notes

^[3]Cookies. With regard to cookies, it is recalled that the installation of cookies on users' terminals is regulated by Article 32 II of the French Data Protection Act, which provides in particular that:

Any subscriber or user of an electronic communications service must be informed in a clear and comprehensive manner, unless he or she has been previously informed by the controller or his or her representative;
of the purpose of any action to access, by electronic transmission, information already stored in his electronic communications terminal equipment, or to enter information in that equipment;
the means available to him/her to oppose this;
Such access or registration may only take place on condition that the subscriber or user has expressed, after receiving this information, his agreement, which may result from appropriate parameters of his connection device or any other device under his control.

These provisions shall not apply if the access to or registration of information stored in the user's terminal equipment :

either for the exclusive purpose of allowing or facilitating communication by electronic means;
or for strictly necessary provision of an online communication service at the express request of the user.

On this point, the CNIL specifies that "Thus, given the risks they entail for privacy, cookies requiring prior information and consent of the Internet user are, in particular :

cookies linked to operations relating to targeted advertising;
audience measurement cookies (excluding those defined in Article 6 of this Recommendation);
social media tracking cookies generated by social media sharing buttons.

Conversely, some cookies may be placed or read without the consent of individuals:

cookies whose sole purpose is to enable or facilitate communication by electronic means;
cookies strictly necessary to provide a service expressly requested by the user;
audience measurement cookies as defined in Article 6 of this recommendation.

Audience measurement. Therefore, audience measurement cookies are in principle subject to consent, unless the following conditions are met :

the person must be informed;
the person must have the ability to object to them via an objection mechanism that can be easily used on all terminals, operating systems, applications and Internet browsers. No information relating to persons who have decided to exercise their right to object should be collected and transmitted to the publisher of the traffic analysis tool;
the purpose of the device must be limited to audience measurement of the content viewed in order to allow an evaluation of the published content and the ergonomics of the site or application. The data collected must not be cross-checked with other data processing (customer files or statistics on visits to other sites, for example). The use of the deposited cookie must also be strictly limited to the production of anonymous statistics. Its scope must be limited to a single publisher and must not allow the tracking of the navigation of the person using different applications or browsing on different websites;
the use of the IP address to geolocate the Internet user must not provide more precise information than the city. This IP address must also be deleted or anonymised once the geolocation has been carried out, in order to avoid any other use of this personal data or any cross-checking with other personal information;
as regards cookies, they must not have a life span exceeding thirteen months and this period must not be automatically extended on new visits. Information collected through cookies should be retained for a maximum of thirteen months.

Consent. Also, audience measurement cookies, which would not meet these conditions, would be subject to consent. In this hypothesis, and as in all hypotheses in which consent is required, the CNIL recalls that consent must correspond to a manifestation of free, specific and informed will, and adds that:

consent can only be valid if the person concerned is able to exercise his or her choice validly and is not exposed to significant negative consequences if he or she refuses to give consent. Also, the person who refuses a cookie requiring consent must be able to continue to benefit from the service (access to a website);
the validity of the consent is linked to the quality of the information received. This information must be visible, prominent and complete. The information must be written in simple and comprehensible terms for all users, and must allow Internet users to be perfectly informed of the different purposes of the cookies deposited and read. The use of overly complex legal or technical terminology would not meet the requirement of prior information;
consent must be expressed through positive action by the person who has been informed in advance of the consequences of his or her choice and has the means to exercise it. Appropriate systems must therefore be put in place to collect consent in practical ways that allow Internet users to benefit from user-friendly and ergonomic solutions. According to the CNIL, the acceptance of general conditions of use cannot be a valid way of obtaining consent.

Process for obtaining consent. In accordance with these principles, and after consultation with the professionals concerned, the Commission recommends a two-stage consent procedure.

In the first step, the Internet user who goes to an editor's site (home page or secondary page of the site) must be informed, by the appearance of a banner:

of the precise purposes of the cookies used;
of the possibility of opposing these cookies and of changing the parameters by clicking on a link in the banner;
the fact that by continuing to browse the site, the user agrees to the placing of cookies on his/her terminal.

Insofar as consent must not be ambiguous, this banner must not disappear until the person has continued browsing, i.e. until he or she has gone to another page of the site or clicked on an element of the site (image, link, search button).

Thus, unless prior consent of the Internet user, the deposit and reading of cookies must not be carried out:

if the Internet user goes to the site (home page or directly to another page of the site from a search engine for example) and does not continue his navigation: a simple absence of action cannot be assimilated to a manifestation of will;
if he clicks on the link in the banner allowing him to set the cookies and, if necessary, refuses to accept cookies.

In the second step, people must be informed in a simple and intelligible manner of the solutions available to them to accept or refuse all or part of the cookies requiring consent:

- for all the technologies referred to in the above-mentioned Article 32-II;
- by categories of purposes: in particular advertising, social network buttons and audience measurement.

Also, in addition to this policy and the information relating to consent, a process for collecting consent must be deployed on the Finexkap website (see the mention proposed by the firm relating to cookies).

Finally, the CNIL reminds that persons who have given their consent to deposit or read certain cookies must be able to withdraw it at any time. User-friendly solutions must therefore be implemented so that the person can withdraw consent as easily as he or she has given it.