General Conditions :
The « Allbrands.markets » web site is published by BUSINESS INVEST.
Limited liability company with a capital of EUR 495,000.
Headquarters: 20, rue Premier – 26100 Romans-sur-Isère (France)
Romans Register of companies No. 451 863 336
Siret No. 451 863 336 00058
CNIL declaration No. 1960514 v 0
Intra-community VAT: FR82 451 863 336
NAF code: 6312 Z
Professional liability insurance: policy No. AP559237
Tel.: +33 (0)4 75 48 61 70
Email: [email protected]sarl.com
Publication Director: Emmanuel Keloglanian
“Allbrands.markets” web site host: Ecritel
84 rue Villeneuve – 92110 Clichy, France (France) – Tel.: +33 1 40 61 20 00
“Allbrands.markets” site creation date: June 2018
“Allbrands.markets” Terms of Service
ARTICLE 1 – GENERAL TERMS AND DEFINITIONS
1.1 The purpose of these General Conditions is to lay down rules for the use, for any reason, of the Web Site by any User. Simple access to the Web Site implies a User’s complete and unreserved acceptance of the General Conditions. Hence, all Users agree to comply with these General Conditions for each visit to the Web Site. Should our company or the User not exercise their rights at a given time in relation to one of the clauses in these General Conditions, this shall not, under any circumstances, be interpreted as a renunciation by our company or by the User, to prevail at another time against any of the said clauses. Our company is free to revise its General Conditions at any time to reflect changes in the Web Site or in the legislation. Users are therefore advised to refer regularly to the latest version of our General Conditions, which is always available on the Web Site, and to discontinue their use if they do not agree with the current General Conditions. Furthermore, any condition that is of a contrary nature to our General Conditions and that is requested by a User and not accepted by our company, is unenforceable on us.
1.2 In the General Conditions, words or expressions beginning with a capital letter have the following meaning: Account refers to the interface containing any data that is shared by a Member, including his/her email address, last name, and first name. Opening an Account makes it possible to benefit from Web Site features that are only accessible to Members.
ARTICLE 2 – FAIR USE OF THE WEB SITE
2.1 Each time s/he uses the Web Site, a User undertakes to behave normally and reasonably and to not impair its functionality in any way. Consequently, Users agree to:
- not disrupt, slow down, block or alter the normal flow of data shared within the framework of Web Site use;
- not speed up the pace of scrolling content on the Web Site in a way that would change or alter its operation;
- not carry out any other act which might disrupt Web Site features;
- not gain unauthorized access, maintain, interfere with, or disrupt Web Site access systems.
2.2 In general, this list should be not be considered to be exhausted, and Users undertake to:
- use and/or download Information Web Site Information onto their equipment exclusively for personal, non-commercial use for a limited time;
- only print downloaded Information on paper if copies obtained in this way are used in a strictly personal capacity, including among other uses any reproduction for professional or commercial use or widespread distribution, whether free or for profit;
- not copy and/or reproduce all or part of the Web Site, including onto another web site, another application, or onto an internal corporate network;
- not reproduce, reuse, summarize, amend, change, move, extract, replace, stock or distribute, reproduce, represent or retain on any medium whatsoever, whether directly or indirectly, onto any medium, by any means and in any form, all or part of the Information and/or images (illustrations, photographs…) present on the Web Site and/or the names, logos, and brands of our company, our business partners and advertisers;
- install monitoring systems adapted to technical evolutions to prevent any form of Web Site hacking, particularly to prevent the use in any manner or form of all or part of the Information and images on the Web Site that is unlawful or contrary to the General Conditions;
- notify our company as soon as they hear of any hacking, and particularly of any unlawful or non-contractual use of all or part of the Web Site.
ARTICLE 3 – FUNCTIONING OF THE WEB SITE
Access to the Web Site is free and open.
However equipment (terminals, telephones, software, telecommunications means…) providing Web Site access shall exclusively be borne by the User, as well as telecommunications costs incurred by their use.
ARTICLE 4 – PRESENTATION OF SERVICES ACCESSIBLE THROUGH THE WEB SITE
4.1 The Web Site provides free access to economic and financial Information about brands and companies. On no account does this Information constitute a solicitation of an offer to buy or sell financial products or services, nor the provision of investment services or advice. Depending on whether a User registers or not as a Member s/he will be able to access the following services on the Web Site:
|ACCESSIBLE CONTENT||NOT REGISTERED||REGISTERED|
|Listed company that owns a specified brand and stock market information (closing price, ongoing development, dividend) on said company||Yes for up to 10 brand searches a day||Yes (unlimited)|
|List of other brands owned by the listed company that owns a specified brand||Yes||Yes|
|Brands of the same business sector||Yes||Yes|
|Follow this brand||No||Yes|
|Evolution of the brand’s web popularity||Yes||Yes|
4.2 Unless a specific duration has been specified, our services are accessible for as long as they are visible on the Web Site.
4.3 Our company reserves the right to amend the list of services that are accessible on the Web Site at any time, it being understood that none of these constitutes a performance obligation for which our company is liable.
ARTICLE 5 – REGISTRATION AND TERMINATION CONDITIONS
Access to certain services is subject to registering to the Web Site.
5.1 Registration Conditions
5.1.1 Any User who is at least 18 years of age and legally capable of entering into contract according to French law may register on the Web Site for free and in so doing, become a Member..
5.1.2 Upon registering, a Member undertakes to provide truthful, accurate, and complete information requested on the registration form, and to keep these updated without delay. Should a Member provide false, inaccurate, obsolete, or incomplete information, our company has the right to refuse their registration, to suspend or terminate it, as well as to refuse access to all or part of the Web Site, whether immediately or in the future.
5.1.3 Upon registration, a Member is liable for choosing his/her personal access codes (user name and password). User names reflect the true identity of Members. User names and profile pictures must respect current legislation, including legislation on identity theft (article 434-23 of the French Penal Code), or relating to trademark and copyright infringement (articles L.335-2 et seq. and articles L.713-2 et seq. of the French Intellectual Property Code). User names and profile pictures must not be obscene or offensive, or contain unlawful content (including justifying terrorism or crimes against humanity, incite violence, racial hatred, hatred against persons based on their gender, their sexual orientation or identity or their handicap, or degrade human dignity, etc.). Member access codes enable them to log in and access their Account and Web Site services at any time. Members shall be solely responsible for their use and for maintaining a copy of their access codes. Unless proved otherwise, any connection to the Web Site or transmission of data using a Member’s access codes shall be deemed to have been initiated by him/her. Consequently, Members undertake to keep their access codes secret and shall not share them in any form whatsoever to third parties. For this purpose, Members may explicitly log off at the end of each session. In order to protect Member information, passwords are encrypted. If a password is forgotten, Members will therefore be unable to retrieve them. Members will need to change them online, or ask our company to do so by sending an email request to the following address: [email protected]
5.1.4. A valid email address is required in order to create an Account.
5.2.1 Members may end their registration with the Web Site and request our company to close their Account without cause, at no cost other than that incurred by sending their email request to the following address: [email protected] Termination shall be deemed effective on the workday following receipt by our company of the email requesting that the relevant Account be closed.
5.2.2 Our company reserves the right to suspend and/or to terminate as a matter of right, with no legal formalities or judicial action, a Member’s Account in cases of a serious breach to the General Conditions, including cases referred to in articles 5.1.2 and 7.4 15 (fifteen) days following a formal email notification requesting that the act has gone unheeded.
5.2.3 Members shall be informed by email of the termination of their Account. Information relating to Members shall be destroyed at their request or after expiration of statutory deadlines from the termination of their Account.
ARTICLE 6 – INTELLECTUAL PROPERTY
6.1 Our company is the exclusive owner of all intellectual property rights regarding the Web Site’s structure. Amongst other things, it also owns all writing, competitions, photographs, videos, hypertext links, RSS feeds and databases created by it or by third parties on its behalf that appear on the Web Site.
All logos, brands, other distinctive marks, visuals, photographs, writing, comments, illustrations, drawings and images that are reproduced on the Web Site are subject to copyright and intellectual property rights. Any total or partial reproduction of these elements and of the Web Site are therefore strictly prohibited without the prior written consent of our company and may constitute an infringement of copyright offense pursuant to articles L 335-2 et seq. and L 716-1 et seq. of the French Code of Intellectual Property (punishable by three years of imprisonment and by a EUR 300,000 fine).
6.2 Users agree to refrain from using Web Site content and any Information received in any way which may damage the rights of our company, of one of its business partners and advertisers, or of any third party, and agree that their use shall never constitute an infringement of copyright offense or an act of unfair competition.
ARTICLE 7 – WARRANTY AND LIMITATION OF LIABILITY
7.1 The Web Site is intended in principle for individuals who have the necessary knowledge and experience to understand and appreciate the information that is presented. Our company makes every effort to ensure that Information disseminated on the Web Site is accurate and up-to-date, and reserves the right to amend and correct content at any time. However our company cannot entirely guarantee the accuracy and completeness of all the information, advertisements and other data that are presented on the Web Site, whether these are provided by our company, by its business partners and advertisers, or by any other third party, nor that the services that are proposed will meet all the expectations of Users. Consequently, any Information, advertisements and other data on the Web Site are provided for information purposes only. The provision of Information and services on the Web Site can in no case be regarded as specific advice or as decisions aid in the context of making transactions or investment decisions. Users consequently acknowledge that they shall use the Information and other data on the Web Site, as well as the services that are proposed at their own risk. Likewise, should Users enter into contracts with business partners and advertisers that are present on the Web Site, our company assumes no liability or responsibility for the provision of services and products proposed by our business partners and advertisers. Our company shall not be held liable in case of wrong performance or non-performance of services of one of the Web Sites business partners or advertisers. Hence, Users must address any claims regarding services that were provided after looking at the Web Site directly to the relevant partner or advertiser. Consequently, no Information that is obtained by Users from our company or while using the Web Site shall give rise to guarantees not explicitly provided for in the General Conditions. Finally, the company cannot be held liable in the event of non-compliance with the legislation of a country other than France.
7.2 Our company shall also use its best efforts to allow for the access, consultation, and use of the Web Site in accordance with the Internet usage policies. However, our company cannot ensure that the Web Site will be free of anomalies, viruses, errors or bugs, nor that these may be corrected, nor that the Web Site will function without failures or interruptions, nor that it will be compatible with any given computer equipment or configuration. The Web Site is accessible 24/7, except in the case of force majeure or an event outside the control of our company and subject to any breakdowns or maintenance interventions that are necessary for the Web Site to function properly. Maintenance interventions may be carried out without prior notification to Users.
Users hereby state that they accept the Internet’s features and limitations, and particularly its technical capabilities, response times when browsing, searching, or transferring data, as well as any risks relating to the security of communications. In this respect, Users acknowledge that:
- they are using the Web Site at their own risk; the Web Site is accessible “as is,” and according to its availability;
- any equipment that is downloaded by Users or obtained by any other means while using the Web Site is done so at their own risk;
- Users are solely responsible for any damage suffered by its terminals or for any loss of data following a download from the Web Site or its consultation;
- Users are responsible for taking any measures necessary to protect their data and/or software against the potential contamination by viruses circulating on the Web Site;
- Users are solely responsible for the use they make of the Web Site;
- the communication of any information that is deemed to be confidential shall occur under their own responsibility;
- Users are responsible for taking any necessary measures to ensure that the technical features of their equipment enable them to consult the Web Site.
7.3 Consequently, and within the limits permitted by law, our company cannot be held liable for any foreseeable or unforeseeable, material or immaterial damage (including the loss of profits or opportunity…) incurred by Users and resulting from the total or partial inability to use the Web Site and/or one of the proposed services.
ARTICLE 8 – PERSONAL DATA PROTECTION AND COOKIES
8.1Our company makes every effort to protect the privacy of Web Site Users by respecting current French regulations in this regard. Information gathered during User visits to the Web Site and while creating an Account are subject to computer processing that is registered to the CNIL (French Data Protection Authority) under No. 1960514 v 0. Our company does not collect any information regarding Users without their knowledge and consent. Collected data allows our company to improve and customize Web Site content. Our company therefore uses this data to communicate with Users about services offered on the Web Site and to conduct audience tracking and viewer statistics. In order to become a Web Site Member, Users must share identification data. Data marked with an asterisk is mandatory in order to register and open an Account. Without them, our company will be unable to process Users’ registration request and Users will be unable to access certain features. Other information serves to better understand Users, and are consequently optional. Users are free to leave them blank.
8.2 Personal data that is collected is intended for our company, which is responsible for processing it. With the prior and express authorization of Users, information relating to them may be shared with our business partners and advertisers, who may send them offers by post. They may also send Users offers by email, if Users have explicitly accepted this option when creating their Account. Should Users no longer wish to receive them, they may request their change in writing at any time by writing to the following postal address: BUSINESS INVEST MMEB, 20, rue Premier 26100 Romans, France. Our company will also share information that is collected with service providers who are held to the obligation of non-disclosure as part of managing our company’s Web Site and its database. Our company will not sell or rent any of the data that is shared by Users without their prior and express consent. Information that is collected in this way is stored securely, and only authorized employees may access it. Procedures for safeguarding electronic data collected on the Web Site are also in place, in accordance with French laws on personal data.
8.3 In accordance with the French Data Protection Law of January 6th, 1978, amended in 2004 and in 2016, Users have a general right to access, correct, and delete all personal data concerning them. They also have a right to object to the processing of this data for legitimate reasons. Users may exercise these rights at any time by sending a registered letter with acknowledgment of receipt to BUSINESS INVEST 20 rue Premier – 26100 Romans-sur-Isère, France, or by sending an email to [email protected]
8.5 Finally, the Web Site uses third party applications which allow Users to share Web Site content with other people or to share their views with these other people about Web Site content. This includes “Share” and “Like” social media buttons (Facebook, Google+, Twitter, etc). When Users browse Web Site pages featuring this type of button, their browser establishes a direct connection with social media servers and
- if they are connected to the platform while browsing, the buttons can connect to the pages that were visited to the User’s Account;
- if they interact using plug-ins, for example by clicking on the “Like” button or by leaving a comment, corresponding information is sent to the social platform and published to their Account.
If Users would prefer that social media not link information that is collected via the Web Site to their Account, they must log off the social media platform before visiting the Web Site. Users are invited to check the data protection policies of these social media networks in order find out about their use of browsing information – including for advertising – collected through the buttons.
ARTICLE 9 – GOVERNING LAW – DISPUTES
THESE GENERAL CONDITIONS WERE WRITTEN EXCLUSIVELY IN FRENCH. THE INTERPRETATION AND THE EXECUTION OF THE GENERAL CONDITIONS AND OF ANY ACTS SUBSEQUENT OR A CONSEQUENCE THEREOF, ARE SUBJECT TO FRENCH LAW, REGARDLESS OF THE NATIONALITY AND ADDRESS OF A USER. ANY DISPUTE ARISING FROM THE USE OF THE WEB SITE SHALL BE SUBJECT EXCLUSIVELY TO FRENCH LAW, EVEN IN THE EVENT OF THE INTRODUCTION OF THIRD PARTIES OR IF SEVERAL DEFENDANTS ARE INVOLVED, OR IN CASE OF AN INCIDENTAL CLAIM.
Date of the last amendment: (to be filled out)
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Are cookies left on my terminal when I visit the Allbrands.markets site? Using Allbrands.markets may lead to cookies being left on your terminal for the following purposes:
1. Cookies left by Allbrands.markets
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These cookies are not left by our company. Their issuance and their use are subject to the cookie policies of the third parties that leave them. Only these third parties are able to access the information they contain. We are happy to inform you that we do not share any of your personal data in this context. Third-party cookies are of three kinds:
- Advertising cookies
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These are cookies that tell us how our web site is used and how it performs, to establish statistics, traffic volumes and how different elements are used (such as the content and path) so we can generate more interest in our services and improve ergonomics (most visited pages or topics, most read articles…). Cookies also help us count the number of visitors per page. These cookies are left by Google Analytics and fall under their cookies policies.
How can I deactivate cookies? You may configure your web browser so as to deactivate cookies. Please note that if you deactivate cookies, your Member login and password will no longer be saved on any web site. To manage cookies and other choices, each browser requires different configurations. For Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies, For Safari™: https://support.apple.com/?path=Safari/3.0/fr/9277.html, For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647 , For Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences, For Opera™: https://blogs.opera.com/news/2015/08/how-to-manage-cookies-in-opera/, For other browsers, please check their help menu.