The purpose of the present legal notice is to provide a legal framework for the provision of the website and services by Ethifinance (hereinafter « the Website« ) and to define the conditions of access to and use of the services by the user (hereinafter « the User« ).
1. GENERAL
The Website [.] is published by the company SAS Ethifinance with a capital of 228,020 euros, registered with the RCS of Lyon under the number 478 661 481, whose head office is located at 20, boulevard Eugène Deruelle, 69003 Lyon.
The Website’s host is Infomaniak Network SA, whose registered office is located at Rue Eugène Marziano 25, 1227 Les Acacias (GE).
The Website is hosted by a service provider in accordance with the provisions of the General Data Protection Regulation (GDPR n°2016/679). The Website’s host ensures the continuity of its service, but nevertheless reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if the services generate traffic deemed to be unusual.
2. OUR REGULATED ACTIVITIES
EthiFinance Ratings, a subsidiary of EthiFinance, is registered as a financial rating agency with the European Securities and Markets Authority (ESMA) and as an External Credit Assessment Institution (ECAI) with the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA).
European legislation has introduced rules on transparency, good governance and accountability. In particular, Credit Rating Agencies must publish their methodologies and manage potential conflicts of interest. ESMA closely monitors Credit Rating Agencies and publishes an annual report on the practices of registered Credit Rating Agencies.
3. WEBSITE ACCESS
The Website can be accessed at the following address : www.ethifinance.com
It provides the User with free access to the following services:
- ESG Rating Agency ;
- ESG Advisory & Solutions ;
- Risk Consulting ;
- Research & Innovation: EthiFinance Analytics ;
- Credit Rating Agency ;
- Independent Research Provider: Spread Research.
The Website is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User’s expense.
4. DATA COLLECTION
The Website ensures that the User’s personal information is collected and processed with respect for privacy in accordance with the French Data Protection Act n°78-17 of January 6, 1978 and the General Data Protection Regulation (RGDP n°2016/679).
The User has the right to access, rectify, delete and oppose his personal data. The User may exercise this right by e-mail at : dpo@ethifinance.com
In this case, the User must indicate the personal data that he would like Ethifinance to correct, update or delete, identifying himself precisely with a copy of an identity document.
Details of the Website’s privacy policy: www.ethifinance.com/privacy-policy/
5. INTELLECTUAL PROPERTY
Ethifinance is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Website, in particular texts, images, graphics, videos, icons and sounds, as well as the trademarks and logos.
Any representation and/or reproduction and/or partial or total use of this trademark, of any nature whatsoever, is totally prohibited.
The User must request prior authorization from the Website for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the Website in a strictly private context ; any use for commercial or advertising purposes is strictly forbidden.
Any total or partial representation of this Website by any means whatsoever without the express authorization of the Website operator constitutes an infringement punishable under article L-335-2 et seq. of the French Intellectual Property Code.
In accordance with article L-122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.
EthiFinance declines all responsibility towards the User or any third party in the event of damage resulting from non-compliance with this prohibition. EthiFinance declines all responsibility for content published by users on the Website, which is the property of third parties or for which the User has no license or right of use.
6. LIABILITY
Ethifinance is responsible for the quality and accuracy of the content published. The sources of the information published on the Website are deemed reliable, but the Website does not guarantee that it is free from defects, errors or omissions.
The information provided is presented for indicative and general purposes only and is not contractually binding. The information presented sometimes results from third-party sources over which EthiFinance has no control and for which verification is not always possible. Despite regular updates, the Website cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the Website cannot be held responsible for the use and interpretation of the information contained in this Website, nor for indirect damage (loss of market or loss of opportunity for example).
EthiFinance cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
EthiFinance declines all responsibility in the event of commercial use and/or the unsuitability of the information contained in the Website for a specific or particular use. The information is provided on a general basis. The User acknowledges that the information provided by EthiFinance may in no way serve as an exclusive basis for making economic and financial decisions. EthiFinance cannot be held liable in any way whatsoever for any such use. Similarly, the use of any information contained in the Website by the User in the context of litigation, proceedings before a supervisory body, a public administration, a court or any other judicial or regulatory body shall not give rise to any form of liability on the part of EthiFinance whatsoever concerning the accuracy, completeness, relevance or veracity of the information.
The exclusion, inapplicability or invalidity of certain sections, articles or provisions of the legal notices or general terms and conditions of use shall in no event result in the invalidity, inapplicability or exclusion of all other sections, provisions or articles contained in the legal notices and general terms and conditions of use. All legal notices and general conditions of use shall remain in full force and effect.
7. HYPERLINKS
Hypertext links may be present on the Website. The User is informed that by clicking on these links, he will leave the Website. The latter has no control over the content of the websites visited and cannot, under any circumstances, be held responsible for their content.
8. APPLICABLE LAW AND JURISDICTION
Any dispute arising in connection with the use of the Website is governed by French law. In the event of failure to resolve a dispute between the parties amicably, the competent courts of PARIS shall have exclusive jurisdiction.
