Legal notice and Terms of Service

Warning

Access to this website (hereinafter the "Site"), dedicated to the purchase of the EthiFinance ESG Ratings Premium Report (hereinafter the "Service"), is possible subject to the User's compliance with the General Terms of Service indicated below (hereinafter the "ToS"). It is recommended to read the ToS at each visit to the Site since they may be modified at any time and without notice.

The present ToS govern access to and use of the Site and its features. They do not replace the General Terms and Conditions of Sale (hereinafter the "GCS") of the EthiFinance ESG Ratings Premium Report, which shall prevail in the event of any contradiction with the present ToS.

Definitions

Client: Any legal entity under private law acting in the context of its professional activities or as a trader who visits the Site which is the subject of these ToS.

Content: All the elements constituting the information present on the Site, in particular texts, images, videos...

Information: All personal data that may be held by ETHIFINANCE for the management of the Client's account, the management of the client relationship, and for analysis and statistical purposes.

Personal information: "Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n°78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

Products and Services: Content and offers present on the Site and made available to the Client, including in particular the EthiFinance ESG Ratings Premium Report, as defined in the corresponding GCS, accessible on the Site.

Website: https://report-for-issuers.ethifinance.com

User: User designated by the Client, connecting to the Site.

1. Presentation of the website

Owner: ETHIFINANCE, a simplified joint stock company with a share capital of 228,020 euros, having its registered office at 20 boulevard Eugène Deruelle – 69003 Lyon, registered with the Paris Trade and Companies Register under the unique identification number 478 661 481, Siret 478 661 481 00042, Ape: 7022Z, VAT identification number: FR44478661481.

Responsible for the publication: ETHIFINANCE, represented by Mrs. Carol Sirou, in his capacity as Executive President.

Host: Scaleway

Data Protection Officer: Sabrina Kelouili

2. General conditions of use of the Site and the services offered

The use of the Site implies full and complete acceptance of the ToS described below. These ToS may be modified or completed at any time, and the User of the Site is therefore invited to consult them regularly.

This Site is normally accessible at any time to the User. An interruption for technical maintenance may however be decided by ETHIFINANCE, which will endeavour to inform the User in advance of the dates and times of the intervention.

The Site is updated regularly. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the User who is invited to refer to them as often as possible in order to take note of them.

ETHIFINANCE also invites its customers to consult the GCS relating to the products offered, and in particular the GCS relating to the EthiFinance ESG Ratings Premium Report, which, in the event of contradiction, take precedence over these ToS.

3. Description of the services provided

The purpose of the Site is to allow the ordering of and payment for the EthiFinance ESG Ratings Premium report.

ETHIFINANCE endeavours to provide on the Site information as precise as possible. However, ETHIFINANCE cannot be held responsible for any omissions, inaccuracies or deficiencies in the information, whether provided by itself or by the third parties which provide it with this information.

All information on the Site is given for information purposes only and is subject to change. Moreover, the information on the Site is not exhaustive. It is given subject to modifications having been made since it was put on line.

4. Contractual limitations on technical data

The Site uses JavaScript technology.

ETHIFINANCE cannot be held responsible for any damage linked to the use of the Site. Moreover, the User of the Site commits himself/herself to access the Site by using appropriate means, not containing any virus and with up-to-date software.

The Site is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n°2016¬679).

ETHIFINANCE makes its best efforts to ensure the Site has the best possible rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of a failure of its infrastructures, or if the Products and Services generate traffic deemed abnormal.

ETHIFINANCE and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephony equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable international regulations.

The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.

ETHIFINANCE is the owner of the intellectual property rights on the general structure of the Site, its contents and forms (plans, layout of the elements...) and holds the rights of use on all the elements accessible on the Site, in particular the texts, images, graphics, logos, videos, icons and sounds.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or the process used, is prohibited, except with prior written authorization of ETHIFINANCE.

Any unauthorised use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

Prohibition of mirroring: no on-line publication of the site by a third party under another URL is permitted without the express and prior authorisation of ETHIFINANCE.

6. Limitations of liability

ETHIFINANCE acts as the publisher of the Site and is responsible for the quality and veracity of the Content it publishes.

ETHIFINANCE cannot be held responsible for any direct or indirect damage caused to the equipment of the User, at the time of the access to the Site, and resulting either from the use of a material not in accordance with the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.

ETHIFINANCE cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the Site.

7. Personal data management

The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For the Personal Data collected within the framework of the creation of the personal account of the User and its navigation on the Site, the person in charge for the treatment of the Personal Data is: ETHIFINANCE.

As responsible for the treatment of the data which it collects, ETHIFINANCE commits itself to respect the framework of the legal provisions in force. It is in particular up to it to establish the purposes of its data processing, to provide to its prospects and customers, starting from the collection of their consent, complete information on the processing of their personal data and to maintain a register of the processing in conformity with reality.

Whenever it processes Personal Data, ETHIFINANCE takes all reasonable steps to ensure that the Personal Data is accurate and relevant for the purposes for which ETHIFINANCE processes it.

7.2 Purpose of the data collected

ETHIFINANCE may process all or part of the data:

• To enable navigation on the Site and the management and traceability of Products and Services ordered by the User: connection and use data of the Site, invoicing, order history, etc.
• To prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address...
• To improve navigation on the Site: connection and usage data.
• To conduct optional satisfaction surveys on the Site: email address.
• To conduct communication campaigns (sms, e-mail, mail): telephone number, e-mail address, address.

ETHIFINANCE does not market the personal data of the User, which are only used for the provision of its services or for related statistical or analytical ends.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the User has the following rights:

• Right of access to information concerning him/her, right to have it corrected or completed if it is inaccurate or incomplete, ambiguous, out of date, or illicit, updated, locked or deleted, right to object to its transmission to third parties.
• Right to erasure or restriction of processing, or right to object to processing.
• Where the processing is based on the User's consent, the right to withdraw that consent at any time.
• The User's right to the portability of his/her Personal Data. This right offers the User the possibility to recover part of his Personal Data in an open and machine-readable format. He/she can thus store them or transmit them easily from one information system to another, with a view to their re-use for personal purposes.

If the User wishes to know how XERFI-DGT uses his/her Personal Data or to assert his/her rights as described above, the User may contact ETHIFINANCE by e-mail at the following address: gdpr@ethifinance.com.

In this case, the User must indicate the Personal Data that he would like ETHIFINANCE to correct, update or delete, by identifying himself/herself precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on ETHIFINANCE by law, in particular as regards the conservation or archiving of documents.

Finally, the User of the Site may lodge a complaint with the supervisory authorities, in particular the CNIL.

7.4 Non-disclosure of personal data

ETHIFINANCE will not process, host or transfer the Information collected on the Customer to a country located outside the European Union or recognized as "not adequate" by the European Commission without informing the User beforehand. However, ETHIFINANCE remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).

ETHIFINANCE undertakes to take all the necessary precautions to preserve the security of the Information and in particular that they are not communicated to unauthorized people. However, if an incident impacting the integrity or the confidentiality of the Customer's Information is brought to the attention of ETHIFINANCE, the latter shall inform the Customer as soon as possible and communicate the corrective measures taken. In addition, ETHIFINANCE does not collect any "sensitive data".

The User's Personal Data may be processed by ETHIFINANCE's subsidiaries and subcontractors (service providers), solely in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes recalled above, the principal people likely to have access to the data of the User are in particular the people within ETHIFINANCE in charge of the data-processing services, administrative, marketing, customer relations and prospection or technical service providers within the framework for example of the management of the Site.

7.5 Types of data collected

ETHIFINANCE collects the following data when creating a customer account:

• name and surname,
• function,
• name of the company,
• email address
• postal address.

And possibly:

• telephone and fax numbers,
• SIRET number,
• Intracommunity VAT number.

This data is kept for the time necessary for the validity and operation of the Customer account.

ETHIFINANCE collects moreover information which makes it possible to improve the experience of the User and to propose contextualized councils thanks to cookies (hereafter defined and detailed in article 9). These data are kept for a maximum period of 2 months.

8. Incident notification

In the event that ETHIFINANCE is informed of a breach in the security of the Site, ETHIFINANCE will make its best efforts to warn the User concerned so that he/she can take the appropriate measures.

To ensure the security and confidentiality of Personal Data, ETHIFINANCE uses networks protected by standard devices.

When processing Personal Data, ETHIFINANCE takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks and Cookies

9.1 Hypertext links

The Site contains a certain number of hypertext links towards third party websites, set up with the authorization of ETHIFINANCE. However, ETHIFINANCE does not have the possibility of checking the contents of the sites so visited, and will not assume any responsibility for any matters arising from the use of a third party website.

9.2 Cookies

Except in the case where the User decides to deactivate cookies, the User accepts that the Site may use them. The User may, at any time, deactivate these cookies from the settings of his/her browser.

The cookie file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access.

ETHIFINANCE is likely to treat information of the User concerning his/her visit to the Site, such as the consulted pages and the carried out research. This information makes it possible for ETHIFINANCE to improve the contents of the Site, or of the navigation of the User.

If the User refuses the storage of cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited.

If necessary, ETHIFINANCE declines any responsibility for the consequences related to the degraded operation of the Site and the Products and Services possibly proposed by the Site, resulting (i) from the refusal of cookies by the User, and (ii) from the impossibility for ETHIFINANCE to record or consult the cookies necessary to their operation because of the choice of the User.

ETHIFINANCE may also use the services of external service providers to help it collect and process the information described in this section.

10. Applicable law and jurisdiction

Any dispute in connection with the use of the Site is subject to French law.

Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.