Terms of Use

Preamble

The Feefty Corporation operates the Feefty.com Website with the address feefty.com.
Feefty is completely independent of capital linkages with online brokerage platforms, financial institutions offering financial securities and financial market players. Nevertheless, it receives from the financial institutions a commission of 0.50% on the amount invested. Feefty offers a simple, ergonomic and interactive interface for its Investor Clients.
As a Financial Investment Advisor and Insurance Broker, Feefty provides advice exclusively on structured debt securities. The Customer has the legal capacity to conclude the present contract, and is fully aware that by ticking the box of the Terms at the bottom of the registration form, he accepts all the conditions below.

Contract of use of the website managed by Feefty

Between the Feefty SAS Company, 13 rue de Phalsbourg 75017 Paris, France with registered capital of 75,000 €, registered with the Trade and Companies Register of Nanterre, under the number SIRET 84476557800019, registered at ORIAS as an advisor in Financial Investments and Insurance Broker, under number 19001259, represented by Mr Gregory VIAL, as chairman, duly authorized for the purposes hereof.

Hereinafter the «Seller» or the «Company», on the one hand, and the investor, hereinafter the «Customer», on the other hand, it was stated and agreed as follows:

ARTICLE 1 - GENERAL INFORMATION

1.1. INFORMATION ABOUT THE HOST

The Website is hosted by DigitalOcean LLC, 101 Avenue of the Americas, 10th Floor, New York, NY 10013, USA.

1.2. INFORMATION ON THE DIRECTOR OF PUBLICATION

The director of the publication of the Website is Grégory VIAL.

1.3. CONTACT - CLAIMS PROCESSING

For any question or complaint relating to the Website, you can contact the Company at the following coordinates:

1.4. CAPACITY - CONDITIONS OF ACCESS TO THE WEBSITE

The Website is reserved for persons legally able to subscribe Contracts. Any minor or incapable person accessing the Website as a Visitor or Customer will be presumed to be acting under the authority of their parents or legal guardian, or with the assistance of their curator.

ARTICLE 2 - ACCESS TO TRIAL VERSION

Any User may freely access the Trial Version of the Feefty Company by clicking on the "Get Started" button on the presentation page. Access to the Trial Version is free.

This Trial Version interface is notified by means of a "KYC Form" banner in the user menu. The user is accompanied beforehand to the handling of the tools by means of a tutorial. The User can thus build his structured debt instrument and obtain detailed information.

The information disseminated on the Trial Version of the feefty.com Website is indicative market conditions. However, as long as the User is not contractually bound to Feefty in the context of a consultancy service, a solicitation of an offer to buy or sell may under no circumstances constitute an investment or transaction recommendation (buy / sell) financial products.

ARTICLE 3 - RIGHTS AND OBLIGATIONS OF CUSTOMERS

3.1. QUALITY OF CUSTOMERS

A customer (hereinafter the "Customer") is a Website User seeking an investment advisory service on structured debt securities. The Customer creates a Feefty account by adding his name, his first name, his email address, his telephone number, the name of his company and a password. He accepts the General Terms and Conditions of Sale (GSC) of the Feefty Service and reads the Relationship Entry Document (DER) by ticking the corresponding boxes.

The Client is directed to a KYC online questionnaire. This questionnaire provides all the information on the Client's identity, his financial knowledge and experience, his investment objectives as well as all information relating to his company. The Customer provides the supporting documents for his identification (copy of his National Identity Card or Passport, Kbis of his company, statutes, approval (s) and signing authority of the signatory as well as authorized traders). The Customer is aware of the General Conditions of Sale.

3.2. RIGHT OF ACCESS OF CUSTOMERS

The Website enables the Client to build a tailor-made structured debt security, learn about its operation, obtain detailed information and complete the transaction.

3.3. PROHIBITION OF ACCESS TO CUSTOMER PAGES

In the event that a Customer does not comply with any of its obligations under the Terms of Use, including the Article 7 - INTELLECTUAL AND INDUSTRIAL PROPERTIES, the Company may prohibit access to Customer Pages.

The Company may proceed to this prohibition as a precaution, in the event that facts and circumstances give rise to a possible breach by the Customer to the Terms of Use. However, the Customer retains the possibility of making inquiries by mail or telephone with the Company.

3.4. DUTY OF INFORMATION AND ADVICE

The Feefty Society is bound to a duty of information and advice. This is constituted by the provision of definition of the Investor Profile carried out through a declarative questionnaire that the Customer is free to accept and modify at his convenience according to his objectives.

ARTICLE 4 - OBLIGATIONS COMMON TO ALL USERS

4.1. CREATING AND USING AN ACCOUNT

The identifier and the password of a Customer allow him to access the Website via an account dedicated to him, which contains information that is strictly personal (hereinafter, the "Account").

This Account is strictly personal and the Client concerned (hereinafter, the "Account Holder") is prohibited from sharing it or giving it to anyone.

The Account Holder is fully responsible for the storage and use of his username and password. He must take all measures to prevent unauthorized or fraudulent use of his Account. For this purpose, he undertakes to change his password frequently. The Account Holder shall not disclose his username or password to anyone. The responsibility of the Company can not be held liable for unauthorized, fraudulent or abusive use or due to a voluntary or involuntary disclosure by the Account Holder to a third party of his username and password.

The Company will never ask the Account Holder for his password via a phone call or an email.

The Account Holder agrees to disconnect from his Account and close his browser window as soon as he completes his session or browsing the Website or as soon as he leaves his login terminal (computer, mobile phone , etc.) to prevent other users from accessing their Account.

In the event that circumstances could suggest an unauthorized or fraudulent use of the Account, the Company is entitled to suspend access without delay, if necessary as a precaution, and to reset the identifier and the word account holder's password. An email will be sent by the Company to the Account Holder.

However, the attention of the Users is drawn to the fact that the Company is not obliged to, and does not have the necessary technical means to, make certain of the identity of the persons accessing the Website. Therefore, the Company can not be held responsible for fraudulent use and / or misuse of an Account.

If the Account Holder finds or suspects an unauthorized or fraudulent use of his username, password and / or account, or any other anomaly, he undertakes to immediately alert the Company by email addressed to [email protected].

If the Account Holder finds or suspects an unauthorized or fraudulent use of his username, password and / or account, or any other anomaly, he undertakes to immediately alert the Company by email addressed to

4.2. EVIDENCE AGREEMENT - ELECTRONIC SIGNATURE

For security and privacy reasons, only the combination of the Account Holder's ID and Password allows the Account Holder to access his Account.

The account holder's ID and password are proof of his identity and are equivalent to an electronic signature.

The User acknowledges that the electronic medium is equivalent to a writing within the meaning of the provisions of the Civil Code and constitutes a reliable, faithful and lasting support.

Once logged into his Account via this username and password, any use of the Website, including services that may be offered, contractually binds the Account Holder.

Thus, any instruction given via this identifier and this password may be validly opposed to the corresponding Account Holder.

The Company's computer records are proof of the operations performed by the Customer using the remote services used.

4.3. OBLIGATION OF SINCERITY AND GOOD FAITH OF THE USER

At any time during the use of the Website, and in particular, without this list being exhaustive, when registering for the purpose of creating an Account, when filling in the form allowing him to establish his profile. Investor, and / or when subscribing to a new product or service, the User undertakes to provide accurate, complete and up-to-date information and in particular to complete the registration form with sincerity.

The Account Holder must complete all the required fields on the registration forms.

In the event of a change in his situation, the Account Holder undertakes to update the information concerning him on the Website via his Account or to inform the Company directly if such changes are not possible directly on the Website.

The Company can not be held responsible for a change of situation of the User of which it would not have been notified.

The User agrees not to create false identity likely to induce the Company and / or third parties in error and to update without delay the data he has provided when registering online. In the event that the Account Holder provides false, inaccurate, outdated, incomplete or in violation of the provisions of the Terms of Use, the Company shall be entitled to suspend or cancel its Account without delay and to prohibit it. immediately, and for the future, access to all or part of the Website.

4.4. RESPONSIBLE USE OF THE WEBSITE

It is the User's responsibility to take all appropriate measures in order to (i) protect his / her own data and / or software from contamination by any viruses transmitted via the Website, (ii) prevent the Website from being contaminated by virus transmitted through it.

The User agrees not to disrupt or attempt to disrupt the proper functioning of the Website. In particular, the User agrees (i) not to use devices or software that may interfere with the proper functioning of the Website, (ii) not to engage in any action that may overload the Website infrastructure or the society.

ARTICLE 5 - USER DATA

5.1. GENERAL RULES ON DATA PROTECTION (GDPR)

In accordance with the regulation of the European Union n ° 2016/679 General Regulation on Data Protection (RGPD), the information collected on this form is recorded in a file computerized by the Company's executives in order to carry out the advice and are treated in the strictest confidentiality, in accordance with the provisions of the law n ° 78-17 of January 6th, 1978 relative to the Data processing, the files and the liberties ("Data-processing law and Freedoms"). They are preserved for 5 years from the end of the professional relationship, unless otherwise provided by law or regulation and are intended for Feefty and its partners. In accordance with the law "Computing and Freedom", you can exercise your right of access to the data concerning you and rectify by contacting your Advisor or by sending an email to the following address: [email protected].

You can also file a complaint about the processing of your data with the CNIL.

5.2. USE OF THE USER'S PERSONAL DATA FOR CONTRACTUAL PURPOSES

The Company, as the controller of the personal data of Users collected on the Website ("Personal Data"), undertakes to strictly comply with the provisions of Law No. 78-17 of 6 January 1978, as amended (hereinafter, the "Computer Law and Freedoms").

The Personal Data collected as appropriate when used on the Website are intended (hereinafter, the "Recipients"):

  • to the society,
  • the companies that control it or that are subject to its control or that are placed under the control of a company that controls it, - the notion of control being understood within the meaning of Article L. 233-3 of the French Commercial Code. - (hereinafter, the "Group"),
  • subcontractors and / or service providers of the Company, the Group, and / or the co-contractors.

The attention of the User is drawn to the fact that DigitalOcean LLC, in its capacity as host of the Website, as well as various technical service providers of the Company may have access, for technical reasons, to this Personal Data.

Personal Data is only used by Recipients and for the purpose of:
(i) the proposal, supply and management of the services and products, and if applicable the Product Contracts, offered to the Users through the Website;
(ii) if applicable, establishment of an electronic signature and a corresponding electronic certification, in accordance with 4.2 - Electronic Signature of these Terms of Use.

The Company undertakes to make its best efforts to ensure the confidentiality of Personal Data.

However, the attention of the User is drawn to the fact that it is not possible to guarantee a total security of the Personal Data transmitted on Internet and that any communication of information of his part intervenes therefore at his risks and perils.

The Personal Data of a Customer is kept by the Company at least for the duration of the contractual relationship. At the end of the contractual relationship and without renewal of it, these Personal Data are stored for archiving and proof purposes for a period of five (5) years or any legal period that would be longer. The archiving of Personal Data is done on a reliable and durable medium so as to correspond to a faithful and durable copy, in accordance with Article 1348 of the Civil Code.

Other Personal Data are retained for a period of one (1) year.

5.3. USE OF USER'S PERSONAL DATA FOR TRADE SOLICITATION BEYOND THE WEB SITE

The User may accept to receive commercial offers from the Company and its partners.

In this case, the Company may use the Personal Data collected from the User, either directly or via Recipients and / or its contractual partners, for commercial purposes, and in particular for purposes of supply and management of services and products offered to Users outside the Website.

In this context, the Company will be able to communicate to these Recipients and / or partners the Personal Data of the User, including his full name, postal address, email, telephone number(s).

These financial data are strictly confidential and secure on the Company's servers.

5.4. COOKIES

The attention of the User is drawn to the fact that the use of the Website may result in the implementation of a "cookie" in his computer, likely to cause the memorization of certain parameters, and the registration of information to facilitate navigation on the Website. The period of retention of this information on the position of the User and / or by the Company is one year.

The User can configure his browser to prevent the registration of "cookie". However, the deactivation of "cookie" will reduce the personalization of services and products that may be offered by third parties to Users via the Website. The User acknowledges being notified of the possibility that he has to oppose the registration of "cookie".

5.5. USE OF USER DATA FOR ADVERTISING, MARKET STUDIES AND STATISTICS

The data (i) provided by the User or collected via the Website, and in particular via "cookie", and (ii) that do not identify the User directly, may be used and / or marketed by the Company or the Group for advertising, market research and statistical purposes, and in particular to better target third-party advertising offers that may appear on the Website.

5.6. RIGHT OF ACCESS, OPPOSITION, AMENDMENT, CORRECTION OR DELETION

Any User has a right to access, modify, rectify, delete or oppose Personal Data as well as data recorded via "cookie" and transmitted to the Company.

This right may be exercised directly on the Website for part of the Personal Data or by sending a letter to the Feefty Company for the remainder of the Personal Data not accessible on the Website.

These rights can only be exercised by the data subject in respect of his own data. Therefore, in accordance with the provisions of Article 39 of the Data Protection Act, the latter must prove his identity to the Company.

5.7. IP ADDRESS

The User acknowledges that his Internet Protocol (IP) address, which is the numerical address of the connection terminal (computer, etc.) of the User connected to the Internet, is collected during his access to the Website and allows the Company, in case of unauthorized use, abuse or fraudulent use or failure to comply with the stipulations of the General Conditions of Use, to respond to requests for information from the competent authorities.

IP address information is retained for one (1) year.

ARTICLE 6 - INTELLECTUAL AND INDUSTRIAL PROPERTIES

6.1. PROPERTIES OF THE WEBSITE AND ITS CONTENT

The Website and its general structure, content, tools, texts, illustrations, photographs, graphics, drawings, animated or still images, sounds, know-how, logos, brands, distinctive signs, databases and software reproduced therein and / or used in the course of its exploitation (hereinafter the "Content"), as well as intellectual and / or industrial property rights relating thereto -, are the property of the Company.

The Company grants the User a private, non-collective and non-exclusive right to use the Website and its Content.

This right of use includes the right to reproduce for storage for display on a single screen and reproduction for print on paper. This right is personal, it is reserved for the exclusive use of the User. It is not transmissible in any way.

Any other use of the Website or its Content by the User is prohibited. It is forbidden to reproduce or download all or part of the Website or its Content for purposes other than the above.

Any networking, any rebroadcast, in any form, even partial, is prohibited.

The User therefore agrees to:

  • download on its connection terminal (computer, etc.) the Content of the Website only for personal use and limited in time;
  • print the Content of the Website or the pages of the Website on paper only if the said copies are strictly limited to personal use.

The User agrees not to modify, copy, reproduce, represent, download, broadcast, transmit, commercially exploit and / or distribute in any way all or part of the Website or its Content, or the source codes of the Website. elements of the Website or its Content.

Certain Contents of the Website are updated in real time and are licensed by the Company or third parties.

The User undertakes not to copy, reproduce, alter, modify, create derivative works or disclose to the public all or part of the Website or its Content without the prior written consent (s) of the Company and / or the third party owner (s) or licensees of this Content.

The User acknowledges that the violation of one of the intellectual or industrial property rights of the Company or of a third party constitutes an offense of counterfeiting punishable in France and is liable to incur both criminal and civil liability.

No User or third party may, without the prior written authorization of the Company, reproduce or facilitate the reproduction of a hypertext link allowing a referral from a third party site to one of the pages of the Website managed by Feefty and more generally create a link between it and another website. Failure to obtain such an authorization, the creation of such a link is constitutive of a crime of infringement and is likely to engage the criminal liability and civil liability of the User.

6.2. INFRINGES THIRD PARTY RIGHTS

The User guarantees and indemnifies the Company at first request against any damage suffered by the Company and against any action for damages against the Company on the basis of the violation of any right of a third party of the Company. made of the User.

The Company reserves the right to take any measures it deems appropriate to prevent or terminate the infringement of its intellectual or industrial property rights or intellectual or industrial property rights of third parties, without no liability can be attributed to it as a result.

ARTICLE 7 - PUBLISHED INFORMATION

7.1. FINANCIAL INFORMATIONS

The information on the Website is produced by Feefty Corporation. It is strictly forbidden to publish, rebroadcast, retransmit or reproduce the information and financial data contained on the Website for the purpose of transmitting them to a third party. Any reproduction or more generally any unauthorized use of information and financial data is the responsibility of the User and may lead to legal proceedings based in particular on an action for infringement.

In particular, it is forbidden to use any means of automatic recovery (computer program) to collect the data present on the Website. Any attempt at automatic recovery will immediately result in the filing of a complaint and / or liability action.

The information provided by Feefty is the property of the Company or its partners and their reuse outside the Website is subject to the express agreement of Feefty. Feefty's liability shall in no way be held liable for any delays, interruptions, omissions, indirect damages or losses resulting from the use that the User or a third party makes of the information accessible on the Website, and in particular of investment decisions of this User or this third party. The Information provided by Feefty contained in the Trial Version does not constitute an offer of products and / or services, or an offer and / or a recommendation and / or solicitation of an offer to buy or sell and more broadly, should not under any circumstances constitute a recommendation for investment or transaction (purchase / sale) of financial products.

It is recalled that past performance can not prejudge future performance. Information provided by Feefty may not be used for purposes contrary to applicable law, morality or violation of the rights of third parties.

7.2 STRUCTURED CREDIT SECURITIES AND RELATED INFORMATION

The structured debt securities and related information presented on the Website were created by Feefty. The structured debt securities and related information remain the property of the Company, and their reuse outside the Website is subject to the express agreement of Feefty.

Feefty's liability shall in no way be held liable for any delays, interruptions, omissions, indirect damages or losses resulting from the Customer's use of the information on the Website, and in particular its investment decisions. This information is only indicative and has no contractual value and can not be considered exhaustive or free from accidental errors.

The structured debt securities presented on the Company's Website are examples calculated on the basis of indicative market data. They are given for information only, excluding costs related to the investment envelope.

ARTICLE 8 - GUARANTEE

In the event that the liability of the Company is incurred due to a breach by a User to the Terms of Use, the Company may call the latter as a guarantee. Therefore, the User warrants the Company against any disturbance of law or fact, and in particular against any action directed against the latter who finds his cause in a non-compliance by the User of the Terms of Use. In such a case, the User undertakes to indemnify the Company for all the harm that it may suffer, and in particular to compensate it for any sums to which it may be condemned and for all costs, including the costs of proceedings, attorney's fees, damages and interest, pertaining to such disorder of law or fact. Unless otherwise agreed in writing, the Company does not guarantee to the User that the Website and its Content meet the needs and requirements of the latter.

ARTICLE 9 - SECURITY

The Company undertakes to make its best efforts to secure the access, consultation and use of the Website in accordance with the rules of the Internet.

Before any use of the Website, the User acknowledges having made sure that his means of access including the terminal (computer, mobile phone, etc.), his Internet connection and his browser allow secure access to the Website .

ARTICLE 10 - LIMITATION OF LIABILITY

10.1. SPECIFIC LIMITS TO TECHNICAL MEANS

The User declares to accept the characteristics and limits of the Internet.

Thus, notwithstanding the technical means implemented:

  • the transmission of data on the Internet only enjoys relative reliability when data flows over heterogeneous networks with different characteristics and capacities,
  • the Website is likely to be unavailable in whole or in part or to be subject to technical malfunction,
  • access to the Website is likely at certain times of the day not to be possible due in particular to saturation related to his attendance,
  • download times or accessibility to data are likely to affect the time and conditions of operations,
  • Transactions made through the Website are taken at the own risk of the User when the Internet is an open network and as a result, the Website is not absolutely protected against risks of intrusion, piracy of data, software and files of Parties to the Convention, or even contamination by computer viruses.

The Company is held to a single obligation of means vis-à-vis the User for all transactions on the Website.

The User takes all necessary measures to ensure that his means of connection allow him an effective and efficient use of the Website.

In this respect, navigation on the Website is only technically possible if the following minimum technical conditions are cumulatively fulfilled (the User being invited to update his browser on a regular basis):

  • Windows: Firefox 11 or Internet Explorer 11 or Chrome
  • Mac OS: Firefox 11, Safari 5 or Chrome
  • Linux: Firefox 4 or Chrome

10.2. RECOMMENDATIONS - ADVICE

No information contained on the Website is likely to constitute a recommendation for investment, subscription to a service or purchase of a product, unless it is clearly identified as such.

By way of derogation from the foregoing, the User may conclude, through the Website, a contract with the Company under which the Company may recommend services or products of third parties such as banking institutions. or management companies. In this case, the contractual liability of the Company for these recommendations may only be incurred in accordance with the terms and conditions of this contract.

The User acknowledges that there is no solidarity between the Company and these third parties and that it can not engage the responsibility of the Company because of these third parties.

10.3. HYPERTEXT LINKS PRESENT ON THE WEBSITE

The Website may host hypertext links that may refer to other sites.

The Company acts, as a hypertext link, only as a content host within the meaning of article 6.I.2 of the law n ° 2004-575 of June 21, 2004 for the confidence in the 'Digital Economy.

The responsibility of the Company can not be held liable for the content of these hypertext links and / or the websites on which these hypertext links are likely to refer only to the extent that, from the moment the Company became aware of the illegal nature of this content, or of facts and circumstances revealing this character, she would not have acted promptly to remove these hypertext links.

10.4. SERVICE INTERRUPTION - CONNECTION DIFFICULTIES - ERRORS

Users acknowledge that access to the Website and / or to certain pages of the Website may be interrupted, suspended, deleted or made difficult, in particular, and without this list being exhaustive, by unilateral decision of the Company. or for reasons of security, technical, maintenance, rights, power failure, malfunction of the Internet connection or Internet network or Internet browser, etc.

The Website may contain errors or imperfections. The Company has no obligation to rectify the latter, which the User acknowledges.

No interruption, suspension, deletion, difficulty of access to or error on the Website and / or on certain pages of the Website is likely to engage the responsibility of the Company. Users are invited to report any malfunction to customer service. The Company will make its best efforts to remedy this within a reasonable time.

10.5. LOSS OF DATA - DAMAGES

The Company can not be held responsible for the alteration, loss, destruction or transmission of data, or any damage to the hardware or computer system of the User or a third party that results from browsing or using the Website, or sending viruses via the contents of the Website from third parties.

10.6. FORCE MAJEURE

The responsibility of the Company can not finally be engaged in case of force majeure, as defined by the French law and case law.

ARTICLE 11 - AMENDMENTS TO THE GENERAL CONDITIONS OF USE

The Company reserves the right to modify these Terms of Use in its sole discretion and without having to notify the User in advance. By continuing to use the Website, the User acknowledges and accepts the changes thus made.

Each new version of the Terms of Use will be posted on the Website. The Company will transmit by all means to each Account Holder the modified Terms of Use.

ARTICLE 12 - OTHER CONTRACTUAL AGREEMENTS

In the event of contradiction between the provisions of these General Conditions of Use and the provisions of another contract concluded between a User and the Company relating to the same object, the provisions of these General Terms of Use shall prevail.

ARTICLE 13 - APPLICABLE LAW

The Website and the Terms of Use are governed by French law. This is so the rules of substance as rules of form.

ARTICLE 14 - RESOLUTION OF DISPUTES

In case of dispute and before entering the competent jurisdiction, the User is invited to contact the Company as soon as possible to study the possibility of amicably resolving an emerging dispute.

For this purpose, the Company can be reached at the following coordinates:

Where appropriate:

I - Mediator competent disputes with a company: Mediator of the Anacofi, 92 rue d'amsterdam, 75009 Paris
II - Mediators competent disputes with a consumer: Ms. Marielle Cohen-Branche, Mediator of the AMF, Autorité des Marchés Financiers 17, place de la Bourse, 75082 Paris cedex 02. Website: https://www.amf-france.org/fr/le-mediateur

Your Advisor agrees to process your claim within the following timeframes:

  • maximum ten working days from receipt of the complaint, to acknowledge receipt, unless the answer itself is provided to the Customer within this period ;
  • two months maximum between the date of receipt of the complaint and the date of sending the response to the Client, except in the event of duly justified special circumstances.

ARTICLE 15 - COMPETENT JURISDICTION

Any dispute relating in particular to the interpretation, the execution, the consequences of the General Terms and Conditions of Use will be subject to the exclusive jurisdiction of the French courts, and more particularly to the competent court under the French rules of procedure, notwithstanding the plurality of defendants or call in guarantee.