Welcome to our legal notice!
18, rue des Capucines
This site is the property of EQUISAFE, a simplified joint-stock company with a share capital of 4,275.82 euros and whose registered office is located at 18, rue des Capucines – 75002 Paris France. The company is incorporated under the number 845 383 645 RCS Paris.
EQUISAFE is incorporated under the number 845 383 645 RCS Paris.
Individual tax identification number: FR05845383645.
EQUISAFE has setup a procedure for handling customer complaints accessible at the following address: email@example.com.
Amazon Web Services, Inc.
PO Box 84023
Seattle, WA 98124-8423
Amazon Web Services (AWS).
The use of any document from the site www.equisafe.io is authorised solely for information purposes for private and personal use. Any reuse, reproduction, retranscription, modification that could be carried out for other purposes is expressly prohibited unless prior written authorisation is requested from the company: EQUISAFE – 18, rue des Capucines – 75002 Paris FRANCE.
EQUISAFE reserves the right to modify, terminate, suspend or interrupt access to all or part of the site at any time, for any reason and at its sole discretion, including for content, features or availability times without prior notice.
You must be aware of your privacy and personal data protection rights.
These rights are:
– Access to your personal information
– Rectification: if you have inaccurate or incomplete personal information
– Limit or restrict the use of your information
– Deletion and Right to be forgotten: right to have your information deleted or our use of your data restricted
– Portability in certain circumstances: this is a right to obtain a transferable version of your personal information to transfer to another provider
– Consent management: the right to withdraw your consent to the processing of your Personal Data
To exercise any of these rights, please write to us at the address firstname.lastname@example.org and we will consider your request in accordance with data protection regulation. For your protection, we must ask you to provide proof of identity in order to allow us to answer the above requests.
EQUISAFE strives to ensure that the information on this site is as accurate and up to date as possible and reserves the right to correct the content at any time and without notice. We also inform visitors that it is their responsibility to verify the information by other means, including by contacting us. Consequently, we decline all liability: for any inaccuracy or omission relating to information available on the site; for any damage resulting from a fraudulent intrusion by a third party leading to a modification of the information made available on the site.
All products, brands, logos and images mentioned in this site belong to their respective companies.
Past performance is for information purposes only. Past performance is no guarantee of future performance.
The information made available by EQUISAFE on this site is established on the day of publication. Internet users should be aware that thus information may no longer be up to date on the day they consult it.
In accordance with Law No 78-17 of 6 January 1978 on data processing, files and freedoms transposing the new European legal framework (Regulation 2016/679 and Directive 2015/680) which entered into force in May 2018, individuals have a right of access and rectification of personal data concerning them. This right can be exercised with the Management.
Regarding our policy on the use of “cookies”, we invite you to read our Cookies Policy.
Lemon Way, as data controller, responds to its obligations to comply the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and with Act n°78-17 of 6 January 1978 on Information Technology, data files and civil liberties.
The data controller is the company LEMON WAY, having its registered office at 14 rue de la Beaune, 93100 Montreuil – France. Tel: + 33 (0) 1 48 18 19 30
NATURE OF DATA COLLECTED
Lemon Way collects directly and indirectly the following categories of data concerning its Users:
- Civil status, identity, identification data, …
- Data related to professional activity (CV, education, professional training, distinctions, etc.)
- Economic and financial data (income, financial situation, tax situation, etc.)
- Connection data (IP addresses, event logs…)
PURPOSE OF THE PROCESSING
In the context of the operation of the Site and our services, the processing of personal data has as its purpose the management of customers, the creation and management of accounts, the management of contracts, regulatory control in the anti against money laundering, prospecting, the preparation of statistics, the management of requests for access, rectification and opposition rights
RIGHTS OF INDIVIDUALS
You have the following rights within the limits provided by applicable regulations.
- Right of access to the personal data you have provided;
- Right to rectification of personal data provided;
- Right to have your personal data deleted;
- Right to request a personal processing limitation;
- Right of objection for legitimate reasons;
- Right to data portability;
- Right to lodge a complaint with a supervisory authority (CNIL).
COMMUNICATION TO THIRD PARTIES
Your personal data may be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority.
DATA RETENTION PERIOD
The personal data that Lemon Way collects are kept for the time necessary for the purpose of processing. Beyond this retention period, they become intermediate archives, or they are anonymised and kept for statistical or historical purposes.
Purges concerning your personal data are set up in order to verify the effective deletion as soon as the conservation or archiving period necessary for the fulfilment of the determined or imposed purposes is reached.
A cookie is a text file that can be placed on your device when you visit a website. A cookie file allows its issuer to identify the terminal in which it is stored.
Lemon Way undertakes not to store cookies for more than 12 months after the first deposit in the User’s terminal. The validity period of the User’s consent is also 12 months. The law provides for a maximum storage period of cookies of 13 months maximum.
Social network sharing cookies are issued and managed by the publisher of the social network concerned. If you consent, these cookies allow you to easily share some of the content published on our website, in particular through a “button” application sharing according to the social network concerned.
DATA TRANSFER OUTSIDE THE EUROPEAN UNION
Lemon Way does not transfer personal data outside the European Union. Where applicable, Lemon Way complies with European regulations and French law regarding data transfers to a third country. Lemon Way will inform and seek the consent of its users.
Lemon Way implements the appropriate technical and organisational measures to guarantee an appropriate level of security. The technical measures implemented by Lemon Way delow.
VIOLATION OF PERSONAL DATA
We undertake to implement all appropriate technical and organisational measures to guarantee a level of security appropriate to the risks of accidental, unauthorised or illegal access, disclosure, alteration, loss or destruction of personal data concerning you. In the event that we become aware of illegal access to your personal data stored on our servers or those of our subcontractors, or unauthorized access resulting in the realization of the risks identified above, we undertake to:
- Notify the incident as soon as possible;
- Take the necessary measures within reasonable limits to eliminate or reduce the negative effects and harms that may result from the incident.
LIMITATION OF LIABILITY
Under no circumstances can the commitments defined in the point above related to the violation of personal data be assimilated to any admission of fault or liability for the occurrence of the incident in question.
Technical measures in place for GDPR compliance
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and in particular Article 32, and the amended Act No. 78-17 of 6 January 1978 on Information technology, Data Files and Civil Liberties, Lemon Way ensures the security of your personal data through the following technical and organisational measures.
ENCRYPTION OF CONFIDENTIAL DATA
All data (documents, digital data) are stored in automatically encrypted file systems on the fly (AES-256) and compatible with the General Data Protection Regulations through FIPS 140-2 certified software.
Data hosting is located in France in ISO 27001 and PCI DSS compliant data centers.
ACCESS RIGHTS MANAGEMENT
Rights of access shall be subject to compliance with internal allocation procedures and shall meet the following requirements:
- Monitoring of groups and directories with a security policy reinforcing data control;
- Reduction of access rights with an “a minima” principle, i.e. maintaining the principle of the least privilege. If it is not necessary, the right of access is not allowed;
- Fine management of authorisations and revocation in the event of users leaving or being transferred.
The monitoring of rights of access is subject to ongoing internal control by our compliance team.
TOOLS OF CONTROL EXTERNAL INTRUSIONS INTO THE NETWORK
Lemon Way has chosen for many years to trust the antivirus and anti-malware solution publisher McAfee with its VirusScan Enterprise suite, which is deployed throughout the information system. Network protection solutions are also in place with the use of the latest generation firewalls equipped with advanced features such as UTM (Unified Threat Management), DDOS automatic protection solutions (DPS) and a WAF (Web Application Firewall) operated by the company Imperva.
The information system is continuously analysed by Tenable’s Nessus agents in order to trace any new detected vulnerability in real time. A SIEM (Security Information and Event Management) completes the system in order to collect and analyse all the sensitive activities involved in all IS components.
A strong password management policy is in place (unique identifier, complexity, size, regular change, limitation of attempts, etc.), security policies have been defined and implemented. The correct application of these policies is regularly and automatically monitored on all IS machines using specific monitoring agents and any anomalies are reported to the security team.
PROTECTION VIA SECURE FLOWS
Lemon Way secures all communications to its applications via the use of SSL – TLS 1.2 point-to-point encrypted connection (systematic HTTPS use, SHA-2 certificates). A network partitioning of the different environments is set up, DMZ (Demilitarized Zone) as well as IDS (Intrusion Detection System) intrusion detection systems
The User Space allows access and use of the Information and/or services developed by EQUISAFE available with restricted access (the “Services“).
EQUISAFE is a simplified joint-stock company with a capital of €4,275.82, registered under the number 845 383 645 RCS Paris, whose registered office is located at 18, rue des Capucines, 75002 Paris. EQUISAFE is one of the main digital EQUISAFE platforms for the tokenization of financial assets, and for the creation and maintenance of digital assets in a shared electronic recording device (“DEEP“) based on blockchain technology.
The purpose of these general conditions of use (the “General Conditions”) or (“GCU”) is to determine the rules of use of the website, APIs or mobile applications (collectively the “EQUISAFE Platform“) allowing (i) access and consultation of Information with unrestricted access and (ii) the creation of personal space by the User (the “User Space“). The User expressly acknowledges that he has carefully read and understood the GCU in force on the day of his acceptance and that he accepts them in their entirety.
Acceptance of the GCU by the User as indicated above and the version of the GCU thus accepted by the User are kept and archived by EQUISAFE in its computer systems in an unalterable, secure and reliable manner. The User may at any time consult them, reproduce them, store them on his/her computer or on another medium, transfer them by email or print them on paper to keep them. They may also obtain a copy by post free of charge from EQUISAFE upon express request to their address.
Use of the EQUISAFE Site constitutes confirmation of the User’s acceptance of these GCU and of his or her commitment to comply with them.
In the event of failure to accept the GCU, it will be impossible to use the EQUISAFE Site.
Terms and expressions used in these GCU with capital initials, whether used in the singular or plural, shall have the meaning attributed to them hereafter unless otherwise specified:
The disclaimer is an integral part of the GCU and has the same contractual scope. Any reference to an article constitutes unless expressly provided otherwise, a reference to an article of these GCU.
In the GCU, the following terms and expressions, identified by a capital letter, shall have the meaning indicated below whether they are used in the singular or in the plural:
“Article”: refers to the specific rights and obligations contained in the GCU;
“EQUISAFE”: refers to any existing or future entity of the EQUISAFE group, which is composed in particular of (1) EQUISAFE, (2) branches and representative offices, (3) French or foreign subsidiaries of EQUISAFE, (4) companies and groupings in which one and/or the other of the companies referred to in (1), and/or in (3) above have, together or separately, directly or indirectly, a shareholding or in which one or more of the other companies and groupings referred to above exercise(s) a dominant influence or appoint(s) the administrative or management body(ies);
“DEEP” refers to a shared electronic registration device within the meaning of Order 2017-1674 of 8 December 2017 and Decree 2018-1226 of 24 December 2018 in which Financial Securities issued by Users may be registered, kept and transferred;
“CMF” refers to the French Financial and Monetary Code; “Corporate and Financial Documentation” refers to, together with the Articles of Association, the KBis extract, and the RIB/IBAN, all documentation of a legal or financial nature necessary for the proper performance of the Services by EQUISAFE within the framework of these GCU;
“Personal Data” means all data of a personal nature as defined by the French Data Protection Act n°78-17 of 6 January 1978 and EU Regulation 2016/679 of 27 April 2016 (known as “GDPR“), regardless of its nature or medium, which may be collected and processed in the context of access to the EQUISAFE Platform and the use of the Services;
“User Space” refers to the personal space to which each User has access for the management and monitoring of the Information and/or Services with restricted access from which he benefits; access rights are assigned to the User and any Authorized Person designated by the EQUISAFE back office;
“Information” refers to all information/data contained and/or exchanged via the EQUISAFE Platform, whatever their nature, including but not limited to: figures, numbers, text zones, codes, and narrations;
“Confidential Information” means any information exchanged under the TOS and the use of the EQUISAFE Platform, and in particular Instructions, Information, Personal Data, and the content of the TOS. On the other hand, information which i) was in the public domain at the time of its communication to one of the Parties, or ii) was legitimately acquired by one of the Parties before its communication, or iii) fell into the public domain after its communication to one of the Parties without breach by the latter of any obligation of confidentiality, or iv) was legitimately transmitted to one of the Parties by a third party, does not constitute Confidential Information;
“Party(ies)” refers to the person(s) bound by the terms of these GCU, i.e. EQUISAFE and the User;
“EQUISAFE Platform“: refers to the use of the User Space, the associated website(s), APIs or mobile applications through which the Information and/or Services are accessible, consultable and/or usable;
“KYC“: refers to the customer identification and knowledge process implemented for the purposes of the provision of the Services provided by an External Service Provider and compliance with anti-money laundering and combating the financing of terrorism (AML/CFT) requirements.
“Applicable Regulations” : means all provisions of the French Monetary and Financial Code and the French Commercial Code relating to the keeping of the register of shareholders of a company authorized to issue Financial Securities, and more generally all legal, regulatory and administrative provisions, whether such rules are codified in the CMF, the French Commercial Code, or any other Code or whether they are not codified, the whole forming a set of rules all legislative and regulatory texts applicable to the User, to EQUISAFE and any subsequent amendments to such rules, whatever they may be.
“RM” means an EQUISAFE employee in charge of managing access authorizations to the EQUISAFE Platform for Users;
“Services” means all the functionalities and services provided by EQUISAFE via the EQUISAFE Platform to which the User may have access on a restricted and exclusive basis;
“Subcontractor” means any company to which EQUISAFE has entrusted, under its responsibility, part of the tasks relating to the performance of the Services;
“User” refers to any individual or legal entity who has created a User Space and who accesses, consults and/or uses Information and/or Services with restricted access to the Platform;The definitions given by a term used in the plural shall apply both to the whole as so defined and to one or more of its elements taken individually.
The definitions given for a term used in the plural shall apply when that term is used in the singular and vice versa.
Any reference to an article constitutes unless expressly provided otherwise, a reference to an article of these GCU.
The purpose of the GCU is to determine the conditions of use of the EQUISAFE Platform available at the Internet address [https://app.equisafe.io/cgu], and of the Information and/or Services with restricted access in connection with the EQUISAFE Platform.
EQUISAFE may, without being liable to pay any compensation, make any changes or improvements to the EQUISAFE Platform and Services that it deems useful or necessary in order to ensure the continuity, development and security of its services.
The EQUISAFE Platform and the Restricted Access Information and/or Services may also, without any right to compensation against EQUISAFE, be limited or extended at any time by EQUISAFE (either individually or collectively to all Users).
3. PRESENTATION OF THE EQUISAFE PLATFORM
The EQUISAFE Platform is accessible via the Internet. Each User has a personal, non-exclusive and non-transferable right to access the EQUISAFE Platform and to access, consult Information and/or use Services via his User Space.
The User is informed and acknowledges that, under these Terms and Conditions, EQUISAFE does not provide any investment service within the meaning of MiFID 2 and, more generally, does not provide any regulated activity of a banking and financial nature.
4. TERMS OF ACCESS TO THE PLATFORM
4.1 Creation of The User Space
In addition to offering Information and functionalities with unrestricted access, the EQUISAFE Platform offers the User the possibility of creating a User Space to benefit from Information and/or Services with restricted access. The User creates his own online User Space by establishing:
(i) his identifier, by providing his email address,
(ii) his password, which must meet minimum security requirements,
(iii) his phone number, in order to comply with two-factor authentication.
The User must then pass a KYC by providing the requested documents.
The User will have access to all the functionalities offered by the EQUISAFE Platform once the KYC has been completed and validated by EQUISAFE.
Any breach by the User of these GCU may result in the closure of the User Space.
EQUISAFE reserves the right to check User Spaces at any time to verify the proper use of the EQUISAFE Platform by Users, including compliance with these GCU.
4.2 Access to the Platform
To connect to the EQUISAFE platform, the User must provide:
(i) the email address of his account;
(ii) the password he has set;
(iii) the code received on his phone to ensure double authentication (2FA).
4.3 User Login
Access to the Services is subject to confidentiality and security measures implemented by EQUISAFE. Each User defines his or her own password and will be the only one to know it, the password being encrypted in base.
The access codes created by the User are personal, confidential and non-transferable. The use of the identification elements constituted by the combination of the identifier and the password created by the User is placed under the sole responsibility of the latter. Consequently, each User acknowledges, guarantees and assures that the identifiers that have been defined will not be divulged to any other person and undertakes to keep them with care and diligence under his entire responsibility.
Each User will be responsible, on his or her own behalf, for any action carried out by him or her via his or her User Space within the framework of the Services. All actions carried out on the EQUISAFE Platform via its User Space shall be irrefutably deemed to have been carried out with the consent of the User to whom these identifiers and this User Space belong.
The User undertakes to report immediately to the RM any unauthorized use of his User Space, or any breach of the security or confidentiality rules concerning access to the EQUISAFE Platform and/or use of the Services.
The User Space may be closed or suspended at any time if EQUISAFE has good reason to believe that the said User Space is being or has been misused or has been used by an unauthorized user. The reopening or reactivation of a User Space shall be at the sole discretion of RM.
EQUISAFE informs the User that it uses security software for authentication and encryption of access codes. Given the nature of the Internet network, the User acknowledges and accepts that EQUISAFE cannot be held responsible for interruptions, failures or alterations to access to the Services, which may result from the network itself, the means of connection used, or any other external cause. EQUISAFE’s obligation to ensure the security of the EQUISAFE Platform and the confidentiality of information exchanged and/or stored is in any event an obligation of means and EQUISAFE cannot guarantee absolute security.
4.5 Failure and Unavailability
The User is informed and acknowledges that no one can guarantee the proper functioning of the Internet network and/or the DEEP as a whole and that some connection losses may be due to the failure of certain technical intermediaries.
Thus, the software used to carry out the Services is a complex area of computer technology and, in the current state of knowledge, cannot be materially subject to tests or experiments covering all the possibilities of use.
The User is informed and thus acknowledges that he bears the risks of imperfection or unavailability of the Services.
The User acknowledges and accepts that the EQUISAFE Platform may, if necessary, be subject to malfunctions or interruptions due to technical or other constraints.
As the EQUISAFE Platform is managed by a service provider, EQUISAFE provides no guarantee against temporary failures, technical errors or other interruptions preventing the User from accessing the EQUISAFE Platform.
As soon as the User notices the unavailability or malfunction of the EQUISAFE Platform characterized by an impossibility for the User to transmit Instructions to EQUISAFE, the User may always transmit Instructions to EQUISAFE by any other means agreed with EQUISAFE and in accordance with the terms and conditions set out in EQUISAFE’s GCU.
In any event, EQUISAFE shall not be required to replace the defective EQUISAFE Platform with an equivalent platform.
4.6 Minimum System Requirements
The User undertakes to access the EQUISAFE Platform and to use the Services in accordance with any directives or procedures that may be defined and their successive modifications.
The current minimum browser and software requirements consist of a screen resolution of 1280 x 720 and the following browser versions:
(i) Microsoft Edge Browser version 79 or later
(ii) Firefox version 72 or later
(iii) Chrome version 79 or higher
EQUISAFE gives no guarantee as to the use or proper execution of the Services with any browser or browser version whatsoever.
EQUISAFE and the User may each automatically terminate the present agreement by simple registered letter with acknowledgement of receipt to the other Party. Unless otherwise agreed between EQUISAFE and the User, the termination shall take effect thirty (30) calendar days after receipt of the said registered letter, without compensation or damages on either side as a result of such termination.
Notwithstanding the above paragraph, in the event of a substantial contractual breach, or gross or intentional fault committed by EQUISAFE or the User, the other Party may automatically terminate these GCU, without prejudice to any damages that may be awarded to it as a result of the termination, fifteen (15) calendar days after a reasoned formal notice has remained unsuccessful. The said formal notice must be sent to the other Party by registered letter with acknowledgement of receipt. Termination shall take effect upon receipt by the defaulting Party of a second registered letter with acknowledgement of receipt attesting to the willingness to terminate these GCU.
Furthermore, the GCU shall terminate automatically, and without any indemnity or damages on either side as a result of such termination, in the following cases and at the initiative of the User and/or EQUISAFE : i) in the event of modification(s) to the Regulations Applicable in France that would no longer allow EQUISAFE to provide one or more Services to the User or would no longer allow a Party to consider that it is acting, under the GCU, in accordance with the regulations applicable to it in France; or ii) if a case of force majeure within the meaning of French law persists for more than thirty (30) calendar days and does not allow one of the Parties to resume performance of its contractual obligations. In these cases, the termination will take immediate effect upon receipt by the other Party of a registered letter with a reasoned acknowledgement of receipt. In the event of the occurrence of a case of force majeure, the Party availing itself of it undertakes to inform the other Party as soon as possible from the day on which it becomes aware of it.
In the event of resolution of the GCU by one of the Parties, EQUISAFE undertakes to negotiate in good faith and to implement, with the Participant(s) concerned, a reversibility plan that may not exceed six (6) months from the date of dispatch of the notification. The obligations of the Parties shall remain in force until the end of the reversibility plan.
In the month following the termination of the GCU, EQUISAFE undertakes to return to the User all data processed on its behalf and in its possession, under the conditions provided for in the reversibility plan.
6. EQUISAFE RESPONSIBILITY
EQUISAFE will make every effort to ensure access to Information and/or Services under the conditions mentioned in these GCU.
However, the User accepts that the Services may, for various reasons (maintenance, unavailability of the telecommunications network, etc.), be temporarily unavailable in whole or in part.
The User acknowledges that EQUISAFE cannot be held liable for this unavailability, for whatever reason. EQUISAFE thus assumes no responsibility for the transport of information and interruptions to the Services due to fortuitous events or force majeure or malfunction and/or saturation of the telephone operator’s network or failure of the Customer’s Internet service provider. It is unrelated to any dispute that may arise between the User and his telephone operator or Internet service provider.
Furthermore, it is up to the User to ensure the security of his remote communication systems. In this respect, the User releases EQUISAFE from all consequences that may result from the use of the means of communication at its disposal, in particular from a technical failure of its equipment, an error, insufficiency or imprecision in the instructions transmitted to EQUISAFE or from the use by an unauthorized third party of its personal identifiers. Consequently, if EQUISAFE blocks a message because it contains a virus, the User acknowledges that EQUISAFE cannot be held liable for any damage that may occur in the event of failure to take into account and/or process an Instruction transmitted by the User.
7. USER RESPONSIBILITY
The User is solely responsible for any direct or indirect, material or immaterial damage caused to EQUISAFE and/or its Partners as a result of access, consultation and use of the Information and/or Services of the EQUISAFE Platform.
The User declares that he/she accepts the characteristics and limitations of the Internet and mobile Internet, and in particular acknowledges that:
- the technical performance of the Internet and Mobile Internet requires the processing time needed to answer, consult, query or transfer Information, as well as for access, consultation and use of the Information and/or Services of the EQUISAFE Platform;
- he is solely responsible for his access to the Internet and Mobile Internet;
- access, consultation and use of the Information and/or Services of the EQUISAFE Platform are at the user’s own risk and under his entire responsibility;
- any material downloaded by himself or obtained in any other way during access, consultation and use of the Information and/or Services of the EQUISAFE Platform is at his own risk and peril, the User being solely responsible for any damage suffered by his device or any loss of data resulting from the downloading of this material;
- the protection of his/her data and/or software is incumbent upon him/her and it is his/her responsibility to take all appropriate measures to protect them from any viruses circulating on the EQUISAFE Platform, the Information or the Services;
- it is the responsibility of the user to take all necessary measures to ensure that the technical characteristics of his or her device and/or computer network allow him or her to access, consult and use the Information and/or Services on the EQUISAFE Platform.
Furthermore, it is the responsibility of the User and any Authorized Person designated by the User to take all necessary precautions to lock access to their User Space, telephone or e-mail using their personal and confidential login and password.
The User shall bear all the consequences that may result from their voluntary or involuntary disclosure. The User is solely responsible in the event of malfunction of his equipment, misuse or any other external circumstance affecting the receipt of alerts or their content.
The User remains entirely responsible for the management of his User Space, notwithstanding any possible failure of the User Space which can in no way be opposed to EQUISAFE to allow the User to be released from his responsibility.
In addition to the cases of exclusion of liability of EQUISAFE stipulated in other articles of these GCU applicable, the User acknowledges that:
- EQUISAFE does not guarantee that the EQUISAFE Platform, its content, functionalities, or Services will be free of errors, or will be accessible in an uninterrupted manner, or that any defects will be corrected, nor that the use of the EQUISAFE Platform will produce specific results;
- The EQUISAFE Platform, its content, functionalities, and Information and/or Services are provided “as is” and subject to availability. Within the limits of the laws applicable in France, EQUISAFE makes no warranty of any kind, express or implied, concerning the Services, including as to their suitability for a particular purpose, their merchantability and/or their accuracy;
- EQUISAFE shall not be held liable for any element beyond its control or for any loss or damage arising directly or indirectly from access to the EQUISAFE Platform or its use with the User’s technical equipment (computers, software, network equipment and any other material used to access the Services);
- EQUISAFE shall not be held liable for any loss or damage arising directly or indirectly from the impossibility of accessing the EQUISAFE Platform, loss of data, damage or viruses that may affect the User’s computer equipment and/or the presence of a virus on the EQUISAFE Platform.
9. FORCE MAJEURE AND UNFORCEEN CIRCUMSTANCES
9.1 Unforseen Circumstances
Without prejudice to the other stipulations of these GCU, in the event of a change in circumstances unforeseeable at the time of the conclusion of the GCU resulting in a risk of excessively onerous performance of the GCU for one of the Parties, the Parties undertake to enter into negotiations in order to find a solution that is reasonably satisfactory to the Parties and agree not to avail themselves of the provisions of Article 1195 of the French Civil Code.
In the absence of agreement between the Parties within a period of fifteen (15) calendar days from the start of the negotiations, these GCU shall be automatically terminated.
9.2 Force Majeure
In accordance with the provisions of Article 1218 of the French Civil Code, neither the User nor EQUISAFE may be held liable for failure to perform their contractual obligations if this failure is due to an event beyond their control and constitutes a case of force majeure under the conditions set out below.
Both EQUISAFE and the User must notify the other party by any available means of any case of force majeure to which it may be subject.
Initially, the cases of force majeure will suspend the execution of the present GCU. If a case of force majeure lasts longer than two (2) months, either of the Parties may request the termination of the GCU.
Explicitly, are considered as force majeure, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals: total or partial strikes, internal or external to the company, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, and any other case beyond the control of one of the parties preventing the normal execution of these GCU by that Party.
The Parties undertake to keep the Confidential Information strictly confidential and not to use it for any purpose other than the conclusion and execution of the GCU.
The Party having collected Confidential Information undertakes to take measures to preserve the confidential nature of such information. Such measures shall not be less than those taken by it for the protection of its own Confidential Information and shall at least present a reasonable degree of precaution, which implies that adequate measures shall be taken to:
- prevent the disclosure, communication or dissemination, whether direct or indirect, of Confidential Information to persons not authorized or not entitled to receive such information under these GCU;
- ensure that the Confidential Information is not used by such persons for purposes other than those provided for in the GCU;
- ensure that the Confidential Information is not copied, reproduced, duplicated, stored, modified, downloaded or otherwise exploited, in whole or in part, except for the sole needs of persons authorized or entitled to consult it;
- ensure that employees, subcontractors and agents to whom Confidential Information may be communicated comply with this clause (in particular by means of confidentiality agreements).
The Parties acknowledge that EQUISAFE may communicate or disclose Confidential Information (i) to EQUISAFE’s subcontractors and to any entity of EQUISAFE’s shareholder group(s) subject to the same obligation of confidentiality, or (ii) in cases provided for by a legal or regulatory provision in force in France (in particular with regard to the fight against money laundering and the financing of terrorism and the application of financial sanctions).
EQUISAFE declines all liability in the event of failure by Users to respect the confidentiality of Confidential Information communicated to them in the context of the conclusion or execution of the present agreement.
The User undertakes to bear all the consequences of a breach of the present obligation of confidentiality arising from his or her own actions or those of his or her employees (whether or not they are Authorized Persons).
The obligation of confidentiality referred to in this article remains valid for a period of fifteen (15) years after the end of the TOS, for any reason whatsoever.
11. PROFESSIONAL SECRECY
In accordance with legal and regulatory provisions and international conventions, EQUISAFE has taken the necessary measures to ensure the confidentiality of the information transmitted.
However, the User expressly authorizes EQUISAFE to communicate (i) information strictly necessary for the management of the commercial relationship, to legal entities of its group and to third parties for the performance of services entrusted by EQUISAFE, in particular for the processing of KYC and AML/CFT obligations and operations recorded on the User Space and (ii) more generally, any information reasonably necessary for any person in order for EQUISAFE to comply with legal and regulatory provisions and international conventions.
12. PERSONAL DATA AND PRIVACY
As transparency is a key value for EQUISAFE, it attaches the greatest importance to respect for the Customer’s privacy and to this end complies with all the provisions of Law No. 78-17 of 6 January 1978, known as the “Data Protection Act” in its current version, as well as all the European provisions applicable in this area and in particular the RGPD.The Personal Data of the User collected and stored by EQUISAFE, and where applicable, by its subcontractors, are the data collected via the creation of its User Space and its use.
12.2 Security of Collected Personal Data
Access to the servers on which the data is collected, processed and archived is strictly limited. Appropriate technical and organizational precautions have been taken to prohibit access to any unauthorized person. Within EQUISAFE and its intermediaries, only persons whose functions justify it may access the Personal Data communicated by the User.
EQUISAFE undertakes to guarantee the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements, in particular those relating to data protection.
For security reasons, after the termination of these GCU, EQUISAFE will keep for a period of five (5) years the User’s Personal Data as well as the history of events and operations related to its User Space and those mentioned in its electronic account statement. Likewise, EQUISAFE will keep for a period of five (5) years the Personal Data and Data of the holders of Financial Securities appearing in the register of shareholders.
12.3 Purpose of Personal Data Processing
The legal basis for the processing of Personal Data is based on the execution of these GCU concluded between the User and EQUISAFE. The User is informed and accepts that EQUISAFE collects and processes his Personal Data for the purposes of:
(i) optimising and improving relations with customers and Users;
(ii) access by the User to the various Services offered and in particular via access to the restricted part of the EQUISAFE Platform;
(iii) compliance with any applicable legal or regulatory provisions, in particular with regard to AML;
(iv) transaction processing/management and archiving;
(v) control and prevention of incidents and irregularities (fight against fraud and any other type of abuse);
(vi) central customer management;
(vii) processing User requests;(viii) carrying out tests, statistics and surveys;
(ix) training of personnel assigned to the Services;
(x) controlling the quality of the service provided to the User;
(xi) commercial prospecting, advertising and direct marketing relating to Services or other products or services promoted by EQUISAFE or by companies linked to EQUISAFE. EQUISAFE scrupulously ensures that the User gives its prior consent for the use of Personal Data for direct canvassing by EQUISAFE’s commercial partners, by means of a tick box in the subscription form, in accordance with the recommendations of the CNIL (Commission Nationale de l’Informatique et des Libertés).
The User is informed that his/her Personal Data may be recorded in one or more files in compliance with applicable legislation and agrees that the Personal Data collected may be recorded and processed in accordance with the purposes previously stated.
12.4 Communication of Collected Personal Data
By way of derogation from the professional secrecy to which EQUISAFE is bound, the User agrees that Personal Data strictly necessary for at least one of the purposes mentioned above or as required by applicable regulations, may be communicated in a secure manner, where appropriate in encrypted form, by EQUISAFE to subcontractors and outsourced service providers whose intervention is necessary for the performance of Services with restricted access.
The User accepts that the communication of his/her personal information to the aforementioned persons may be made, in accordance with the conditions previously defined, to another country of the European Union and also to a country outside the European Union which guarantees an adequate level of protection in accordance with the law of 6 January 1978 on the protection of privacy.
12.5 Right of Access, Opposition or Rectification of Personal Data
The User has a right of access to Personal Data concerning him/her and is informed that he/she may consult at any time the information he/she has communicated to EQUISAFE by sending an email to the following address: email@example.com.
The User has the right to obtain the rectification of inaccurate Personal Data concerning them.
The rights of opposition, access and rectification may be exercised free of charge on request addressed to EQUISAFE by mail to the following address: firstname.lastname@example.org.
12.6 Right of Portability
Users may exercise their right to the portability of Personal Data by writing to or contacting EQUISAFE by post at the following address: email@example.com. The Personal Data concerned by the right to portability are exclusively the data actively and consciously declared by the User, i.e. the data provided for access to the Services offered on the EQUISAFE Platform (via account creation, online forms, correspondence by e-mail, etc.), but also the data generated by the User’s activity through the use of the EQUISAFE Platform (IP address, User’s interests, etc.).
12.7 Right of Limitation
The User may exercise his right to limit data by writing to or contacting EQUISAFE by post at the following address: firstname.lastname@example.org. EQUISAFE will then no longer process the Personal Data and will keep them for the period required to verify/examine the exercise of another right (access, opposition, etc.).
12.8 Right to Decide on The Fate of The Data After Death
The User may define guidelines regarding the fate of his/her Personal Data after his/her death by writing to or contacting EQUISAFE by post at the following address: email@example.com.
12.9 Right of Complaint
Without prejudice to any other administrative or jurisdictional recourse, the User has the right to file a complaint with the CNIL, if he considers that the processing of personal data concerning him constitutes a violation of his rights.
When the User has consented to receive newsletters and commercial offers from EQUISAFE, then the Personal Data is kept in the European Union, in a secure technical environment, for a period of three (3) years after the User’s last contact (identification via login and access to the personal space, click on a hypertext link contained in an e-mail from EQUISAFE, request for information by e-mail). At the end of the period, and in the absence of contact from the User, the Personal Data is purged from all active databases of EQUISAFE and, where applicable, its subcontractors.
EQUISAFE informs the User that within the framework of Information and/or Services, cookies (files sent by the EQUISAFE server and which are saved on the hard disk of the Internet user’s computer) are used. These cookies serve above all to ensure the security of the Services.
These cookies make it possible to keep active the identification carried out when opening the session in the User Space, so that the User does not have to re-enter his/her Personal Identifiers for each page consulted on the website. These temporary cookies expire automatically when the User closes his session or closes his Internet browser;
12.11 Duration of Conservation
The data collected when the User browses the Site is kept in the European Union, in a secure technical environment, for a period of 13 (thirteen) months from the date of collection. At the end of this period, the data is purged from all EQUISAFE’s active databases and, where applicable, from its subcontractors.
The data collected during the creation and use of the User Space are kept in the European Union, in a secure technical environment, for as long as the User Space has not been deleted. When the User Space is deleted, Personal Data is purged from all active databases of EQUISAFE and, where applicable, its subcontractors. The User Space is deleted at the end of a period of total inactivity (including cumulatively: no identification via identifiers and no access to the personal space, no click on a hypertext link contained in an e-mail from EQUISAFE, no request for information by e-mail) equal to three (3) years.
13. INTELLECTUAL PROPERTY
The User acknowledges that all the elements making up the EQUISAFE Platform, both structure and content, remain the exclusive property of EQUISAFE, including all related intellectual property rights, and that no transfer of intellectual property is made to the User. The User undertakes not to infringe directly or indirectly, either by himself or by an intermediary, this property right.
The User (including any Authorized Person designated by the User) has a personal, non-exclusive and non-transferable right to use the functionalities of the EQUISAFE Platform.
It is formally forbidden to the User:
(i) to proceed with any form of reproduction or representation of the EQUISAFE Platform or its documentation, or to alter or mask in any way whatsoever the trademarks, distinctive signs, mentions of intellectual property rights affixed to the EQUISAFE Platform;
(ii) to intervene on the EQUISAFE Platform in any way and for any reason whatsoever, including to correct any errors, the evolutionary and corrective maintenance being carried out by EQUISAFE;
(iii) to seek to set up systems that are likely or of a nature to carry out, in whole or in part, an infringement or an act of unfair competition of the EQUISAFE Platform or of a nature to violate the present GCU, including through the use of hyperlinks or so-called framing techniques;
(iv) seeking to undermine the integrity of the EQUISAFE Platform, such as modifying or seeking to circumvent any protective device of the EQUISAFE Platform.
14. UNLAWFUL BEHAVIORS
In the context of the use of the Information and/or Services, the User shall refrain from engaging in acts, of any nature whatsoever, which would be contrary to French law, would be contrary to French public order and morality or would infringe the rights of a third party.
The User also undertakes not to divert the Information and/or Services from their purpose, in particular by accessing data to which he has no right of access, by downloading data unlawfully or which would infringe the rights of third parties, or by using the Information and/or Services for unlawful purposes.
EQUISAFE shall in no event be held liable for the harmful consequences of such use of the Information and/or Services. EQUISAFE also reserves the right to remove any content that is illicit or infringes the rights of third parties, as soon as it becomes aware of it.
In the event of seriously reprehensible behavior by the User, EQUISAFE may proceed, without notice, to close the User Space.
15. MONEY LAUNDERING AND TERRORISM FINANCING
As part of the national system for preventing money laundering and terrorist financing, most of the provisions of which are included in the Financial and Monetary Code (Articles L. 561-1 et seq. of the CMF), EQUISAFE is required to report to the competent authorities (TRACFIN) all transactions that it suspects may stem from an offence punishable by a prison sentence of at least one year or from tax fraud or that they may be involved in terrorist financing.
When EQUISAFE notices operations that appear unusual, in particular because of their terms, amount or exceptional nature compared to those processed up to that point, it is obliged to contact the User to request explanations of the said operations, such as their economic justification, their origin and destination of the funds, the identity of the Third Party Creditor or Third Party Debtor of the operation, or even to request additional supporting documents that corroborate these explanations.
Refusal by the User to provide these elements may lead EQUISAFE to file the declaration provided for in Article L. 561-15 of the CMF with TRACFIN and, where applicable, terminate its relationship with the User.
The Parties agree that EQUISAFE may, at its own expense, call upon one or more subcontractors, if necessary, in the context of the execution of the present contract, and in particular (without limitation) computer service providers or information providers. EQUISAFE shall remain solely liable to Users for the non-compliance of its subcontractors with these GCU.
In accordance with Article 1368 of the French Civil Code, the parties agree between them on the rules of evidence admissible in connection with the use of the Services.
The User accepts that the identification elements used, namely his/her Personal Identifiers and/or Passwords received by e-mail, are admissible before the Courts and are proof of the data and elements they contain as well as the authentication procedures and signatures they express.
The User acknowledges that he/she consents to all operations resulting from his/her interaction or that of Authorised Persons from his/her User space on the platform. The User accepts that these processes, including in particular the entry of his/her Personal Identifiers and/or Password and/or by ticking boxes and/or by using any other means at his/her disposal, are admissible before the Courts and demonstrate the data and elements that they materialise as well as the signatures that they express in accordance with the requirements of article 1367 of the Civil Code.
The User accepts that contracts concluded, archived within the framework of the Services, files of evidence, possibly contained on durable media, emails, telephone recordings, acknowledgements of receipt exchanged between EQUISAFE and the User are admissible before the Courts and are proof of the data and elements they contain.
The User is informed that electronically signed documents are archived in conditions that guarantee their security and integrity over time, in accordance with the requirements of article 1366 of the Civil Code, which the User acknowledges.
The User is reminded that an electronic signature produces legal effects to contracts and operations concluded within the framework of the Services in the same way as a handwritten signature.
The User acknowledges that the fact of receiving the signed document by email at his email address is equivalent to delivery within the meaning of Article 1127-6 of the Civil Code.
As part of the relationship between the User and EQUISAFE, proof of connections, computer records and other identification elements will be established as necessary, on a computer or paper medium.The burden of proof of the technical reliability of the electronic signature process lies with EQUISAFE, and the User may provide proof to the contrary.
18. GENERAL PROVISIONS
The fact that a Party does not avail itself of the benefit of any of the clauses of the present GCU and in particular does not take advantage of a breach committed to one of the obligations referred to in the GCU, shall not be interpreted for the future as a waiver to take advantage of the benefit of the said clause.
18.2 Completeness and Modification of the Terms and Conditions
The present GCU accompanied by any Special Conditions express the entirety of the Parties’ obligations. The present GCU cancel and replace any oral or written agreement or contract concluded between the Parties relating to the Services.
EQUISAFE is entitled to modify these T&C at any time and will publish the modified T&C directly on the EQUISAFE website (https://app.equisafe.io/cgu).
In the event of a significant modification to the TOS, the new TOS will come into force five (5) days after their publication on EQUISAFE’s website and a concomitant notification will be sent by email (to the address that the User will have indicated to EQUISAFE when registering). The absence of any dispute notified by the User to EQUISAFE before the expiry of the aforementioned period shall constitute acceptance of these modifications.
However, EQUISAFE reserves the right to modify these GCU at any time and immediately in order to comply with any applicable regulations. In the latter case, the new GCU will come into force as soon as they are published on the EQUISAFE website and a concomitant notification will be sent by email (to the address that the User will have indicated to EQUISAFE when registering). Acceptance by the User of such a modification shall constitute a determining condition of EQUISAFE’s agreement.
18.3 Partial Invalidity
If one or more of the provisions of the applicable TOU are found to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope, and neither Party may claim damages solely because of such invalidity.EQUISAFE will replace in good faith the provision(s) in question by one or more provisions which are valid, and which come as close as possible to the intention and economic effects of the said provision(s).
The GCU may be translated into several languages for convenience only. In the event of any inconsistency or contradiction in their interpretation, the French version shall prevail.
The User is informed that EQUISAFE may send him/her the notifications or notices of modification mentioned in the present GCU by e-mail, to the e-mail address provided or via his/her User Space on the EQUISAFE Platform. The User undertakes to regularly consult his/her e-mail address and User Space, to read said e-mails carefully, and to apply any advice and instructions without delay.In order for EQUISAFE to be able to send the User a registered letter with acknowledgement of receipt, the User undertakes to communicate to the latter without delay, upon request, the name and postal address of the person to be contacted.
19. GOVERNING LAW & DISPUTE SETTLEMENT
The GCU are subject to French law.In the event of a dispute between EQUISAFE and a User relating to the GCU and/or the use of the EQUISAFE Platform, in particular concerning its formation, validity, performance, interpretation or termination, the said Parties undertake, as a first step, to cooperate diligently and in good faith with a view to finding an amicable solution to their dispute.
Failing to reach an amicable settlement within a reasonable period of time, any dispute arising in connection with the GCU and the use of the EQUISAFE Platform shall fall within the exclusive jurisdiction of the courts sitting within the jurisdiction of the Paris Court of Appeal.