General Terms and Conditions
This website is provided by:
Finologee S.A. (hereafter referred to as “Us”, “We” or “Our”),
“Société Anonyme” (public limited company) incorporated under the laws of the Grand-Duchy of Luxembourg
7, rue J. Fischbach, L-3372 Leudelange”;
RCS Luxembourg B217853.
Support PFS (license No 06/19 as of January 24th, 2019), licensed as “Client communication agent”, and “Operator of secondary IT systems and communication networks operator of the financial sector”, respectively under the provisions of Article 29-1 and 29-4 of the Law of 5 April 1993 on the financial sector.
If you wish to contact us, please use the address: info@finologee.com
1. Your obligations
Access to, and/or/together with any other use (the “Use”) of this website (the “Website”) is subject to the General Terms and Conditions of use described below (the “GTC”).
When Using the Website and its related services, you (“You”) agree unreservedly to comply with the GTC. Should You do not agree with any of the terms of the GTC, You must stop using the Website.
The GTC might change from time to time at Our sole discretion, and You are required to consult it regularly. Should You do not agree with any of the changes made to the GTC, You must stop using the Website.
2. Disclaimer
The texts, documents, newsletters, and/or/together with or any other material which are published on the Website (collectively referred as the “Content”) are notably intended for information and marketing purposes only. Content shall not be construed with any professional service and shall not be considered as such.
The Content may be not up-to-date, complete or accurate. The Content may be removed from the Website at any moment and without notice.
3. Intellectual property rights
The Website together with any Content contained therein (text, images, graphics, sound, animations and videos, including the layout) is original material owned by Finologee S.A. or its licensors and protected as such by authors’ rights, trademarks, copyright, designs, database rights and/or any other applicable intellectual property right, whether registered or likely to be registered.
It is strictly forbidden to reproduce, copy, redistribute, extract from its database or re-use, or exploit in any manner, in whole or in part, by any means, and on any medium, any Content of the Website without Our express permission.
The Use of the Website shall not be interpreted consequently as assigning of granting any “licence” on the rights mentioned above derived from the Website and any Content.
Please note that the Website contains materials and content that may be protected by third-party intellectual property rights. The use of these third-party materials and content may be subject to terms and conditions determined by the respective third party.
You may print and temporarily store copies of the Website pages and Content for Your personal use provided that such print/temporary reproduction (the “Reproduction“) does not alter the Website page or the Content. You may provide the Reproduction to third parties for their personal use provided that You (and; if any, the third parties) (i) quote Finologee S.A. as the source, (ii) make no direct or indirect commercial use of the Reproduction and (iii) inform such third parties of this GTC. Permanent copying or storage of the Website (or any part thereof) or the re-distribution thereof by any means is not permitted.
4. Link(s) to other websites
The Website may contain hypertext links to other websites managed by third-parties (the “Links”). As We do not systematically monitor the content of those third-party websites, We are not responsible, and We shall not be held liable for the content of those websites, and particularly for the lawfulness or accuracy of such third-party content.
We are not responsible for any hypertext link operated by third parties that direct or redirect to the Website or Content hosted thereon. We reserve the right to prohibit and/or block any such hypertext links without prior notice. We further decline being held liable for such prohibition.
5. Processing of personal data
Please refer to Our Privacy Policy for more details on the processing of personal data resulting from the Use of the Website.
6. Use of cookies
Please refer to our Privacy Notice regarding this matter.
7. Warranties and Liability
The Website, together with all Content or third-party content contained therein, is provided “as is” without any warranty of any kind. The Use of the Website and its Content is made at Your own risk.
To the extent permitted by the applicable law, We shall not be responsible or held liable for any damage arising from or in connection with the Use or the unavailability of the Website and/or the Content hosted and published thereon, including but not limited to any loss of profit, loss or deterioration of data, infection or deterioration of Your equipment by malicious software, etc.
8. Governing Law and Jurisdiction
The GTC are governed by the Law of the Grand-Duchy of Luxembourg.
Any dispute arising out of or concerning the Use of the Website, or in connection with the GTC, shall be subject to the exclusive jurisdiction of the Luxembourg Courts.
Last Updated: 10/09/2019
Version No: 1.0
Download the GTC in PDF format: General Terms and Conditions_2019-09-10
Privacy Notice
This Privacy Notice explains how FINOLOGEE (“FINOLOGEE”, “we”, “us” or “our”) collects, uses, shares and otherwise processes your Personal Data in accordance with applicable data privacy laws and regulations, which include the General Data Protection Regulation 2016/679 (“GDPR”) which is applicable as of 25 May 2018.
Your privacy is important to us. The purpose of this Privacy Notice is to inform you about the information FINOLOGEE may gather about you, how FINOLOGEE may use that information, whether FINOLOGEE discloses it to anyone, and the choices you have regarding our use of the information FINOLOGEE collects.
1. Personal data we collect about you
When using the term “Personal Data” in our Privacy Notice, we mean information that relates to you and allows us to identify you, either directly or in combination with other information that we may hold, as defined by the GDPR. From a general perspective, We base the processing of Personal Data that may be done in order for us to perform our contractual obligation(s) as the publisher of this Website (“Contractual Obligation(s)”) and to enable us to be compliant with any legal or statutory obligation(s) (“Legal Obligation(s)”).
We may also process Personal Data when We have assessed that such processing can be based on our legitimate interest(s) (“Legitimate Interest(s)”) and only when we assessed that Your interests and fundamental rights do not override ours. For example, it may be of our Legitimate Interest to process certain Personal Data to continue to develop our business activities (quantitatively and qualitatively), and/or to improve our business performance etc.
Finally, please note that we may also need to process Data to respond to and to defend us against any legal claim that may arise.
We use or may use your Personal Data for the following purposes (or as otherwise described at the point of collection) in line with the lawful basis as defined by the GDPR:
| What processing do we do with the Personal Data? | On what legal grounds do we process your Personal Data? |
|---|---|
| Providing you with the service you have requested while browsing our website | Contractual Obligation, Legitimate Interest |
| Providing you with information/resources (and related accesses), or any other services that you may have requested from us | Contractual Obligation, Legitimate Interest |
| Communicating / distributing to you with client service-related communications | Legitimate Interest, and under certain circumstances with your explicit consent |
| Promoting our events/conferences | Legitimate Interest, and under certain circumstances with your explicit consent |
| Managing our website and displaying properly to your device(s) | Legitimate Interest |
| Complying with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities. | Legal Obligations, Legitimate Interest |
We shall use the Personal Data only for the purposes for which it was collected unless we consider that we may need to use it for another purpose which is compatible with a current and original purpose. Should such new purpose be unrelated to the existing purposes, we commit to notify you and to explain such new purpose together with the legal ground with which we intend to base that new purpose.
We may collect personal information through your use of our website, when you contact or request information from us or when you subscribe to our newsletter. The data category collected is the following:
- Personal identification information: name and surname, postal and e-mail address, phone number, content or messages you send to us or provide otherwise directly to us such as inquiries, questions, comments, answers to questions
2. How we use information
We may use data we obtain for purposes relating to our website and services, including (a) providing the website and services to you, (b) raising queries with you, and responding to issues you may raise, whether relating to our services or otherwise, (c) processing job applications and (d) generating anonymized statistics and analysing anonymized statistical usage data of our web site. We may use the following third-party service providers named below to process and store your data:
- WordPress, which we use to host and manage the content of this website. Your data may be stored through WordPress.org’s data storage, databases and the general WordPress.org applications. They store your data on secure servers behind a firewall. The WordPress.org privacy policy is available here: https://wordpress.org/about/privacy/
- Mailchimp (The Rocket Science Group, LLC), which we use to manage email marketing subscriber lists and send emails to our subscribers. Read their privacy policy here: https://mailchimp.com/en/legal/privacy/
3. Disclosure and sharing of information
As a matter of policy, FINOLOGEE does not sell, rent or provide in any form any of your information to third parties for any advertising or marketing purposes.
However, we may use external services such as Google Analytics for providing statistical and analytical services and process data on our behalf, without being allowed to share it with third parties.
4. Email Marketing
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third-party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, IP addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time.
Our EMS provider is Mailchimp. Mailchimp is an online marketing platform (the “Services”) operated by The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States.
The Services enable Members to, among other things, send and manage email campaigns and serve advertisements.
We hold the following information about you within our EMS system:
- Information Mailchimp receives from us: your Email address
- Information Mailchimp collects automatically: When you interact with an email campaign that you receive from us, Mailchimp may collect information about your device and interaction with an email. Mailchimp use cookies and other tracking technologies to collect some of this information.
- Device information: Mailchimp collects information about the device and applications you use to access emails sent through our Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.
- Product usage data: Mailchimp collects usage data about you whenever you interact with emails sent through the Services, which may include dates and times you access emails and your browsing activities (such as what pages are viewed). Mailchimp also collects information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications we send through the Services. This information allows Mailchimp to improve the content and operation of the Services, and facilitate research and analysis of the Services.
5. Your rights in relation to your Personal Data
Under the GDPR you have various rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
- Request access to your Personal Data (commonly known as a “data subject access request”) and request certain information in relation to its processing;
- Request rectification of your Personal Data;
- Request the erasure of your Personal Data;
- Request the restriction of processing of your Personal Data;
- Object to the processing of your Personal Data
If you want to exercise one of these rights please contact us via dpo@finologee.com.
6. Processing of your Personal Data outside of the European Union
As described above, your data may be processed by (i) WordPress and (ii) Mailchimp, both of which host data outside of the European Union, including in the United States, which is not recognised by the European Commission of offering the same level of protection as the European Union.
Please be ensured that we take all necessary steps in this respect to verify that your Personal Data receives an adequate level of protection, either by entering into data transfer agreements including standard data protection clauses adopted or approved by the European Commission or by otherwise ensuring appropriate safeguards and, where needed, by taking additional supplementary contractual, organisational or technical measures.
If you have questions about the means we implement to ensure adequate protection of your Personal Data transferred outside of the European Union or wish to obtain a copy thereof, please contact us via dpo@finologee.com.
7. Security of your Personal Data
We are committed to take appropriate technical and organisational measures to protect your Personal Data against unauthorised or unlawful processing and against accidental loss, disclosure, destruction or damage.
Your Personal Data is stored in the European Union. Electronic files that contain Personal Data are stored within a highly secured IT infrastructure.
8. Retention period
We will only retain your Personal Data for as long as we need it in order to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
If you are a client, former client, interested party or prospective client or a contact person of one of the aforementioned, we store your Personal Data for marketing purposes until revocation or the revocation of your consent if the marketing measures were carried out.
9. ’Cookies’
What is a cookie?
A cookie is a small piece of data or message that is sent from an organisation’s web server to your web browser and is then stored on your hard drive. Cookies can’t read data off your hard drive or cookie files created by other sites, and do not damage your system.
How do FINOLOGEE Site and services use cookies?
We only use cookies to monitor the performance of our website and to improve user experience. We use Google Analytics for this purpose. Analysis is performed on a purely anonymous basis. In our configuration, Google Analytics remarketing features are neither used nor enabled, and therefore we do not share any data with third parties. Google Analytics uses “cookies”, to help the website analyse how users use the websites, applications or services:
Google Universal Analytics
Cookie type
Google Universal Analytics
Purpose
This helps us count how many people visit our website by tracking if you have visited before
gat_
Cookie type
Google Universal Analytics
Purpose
Used to manage the rate at which page view requests are made
utma_
Cookie type
Google Analytics
Purpose
Used to determine new and returning visitors
utmb_
Cookie type
Google Analytics
Purpose
Used to determine the average time spent on the website
utmz_
Cookie type
Google Analytics
Purpose
Used to determine the traffic source, medium which delivered the user to our website
utmv_
Cookie type
Google Analytics
Purpose
Used to store visitor-level custom variable data
utmt_
Cookie type
Google Analytics
Purpose
Use to throttle request rate
The information generated by the cookie about your use of the websites, applications or services (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the websites, applications or services compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser or within the application, however please note that if you do this you may not be able to use the full functionality of this website. By using our website, applications or services you consent to the processing of data about you by Google in the manner and for the purposes set out above. To find out more, see “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time).
To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout
10. Change to this privacy notice & contact information
We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If We make changes to this Privacy Policy, we will post the revised Privacy Policy on the Site. All such changes shall be binding on you 30 days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
If you have questions or concerns regarding this Privacy Notice or you wish to exercise your rights in relation to your Personal Data, please do not hesitate to contact us at dpo@finologee.com or send your request to the following address:
FINOLOGEE S.A.
7, rue J. Fischbach,
L-3372 Leudelange,
Luxembourg
Customer Complaint Procedure
At Finologee, we try to do our best to meet your needs, but in case we failed, and you want to lodge a complaint, please find information about our process.
This procedure applies to Finologee’s clients. Please note that a complaint is filled by a professional to recognize a right or to remedy any harm. A simple request for clarification, a technical request or an installation problem does not constitute a claim.
This process is compliant with the Luxembourg and international legal framework mentioned below:
- CSSF Regulation N°16-07 relating to out-of-court complaint resolution
- Circular CSSF 17/671: Specifications regarding CSSF Regulation N°16-07 of 26 October 2016 relating to out-of-court complaint resolution
1. Contact our customer support
The claims should be sent by email or postal mail to:
Finologee S.A.
Customer Support Department
7, rue Jean Fischbach
L-3372 Leudelange
Luxembourg
Email: customer-support@finologee.com
To ensure an efficient handling of your complaint, please provide your name, contact details, and the subject of your complaint.
A written acknowledgement of receipt will be provided within a period which shall not exceed 10 business days after receipt of the complaint, unless the answer itself is provided to you within this period.
Moreover, we ensure that each complainant is informed of the name and contact details of the person in charge of his/her file and we will inform you of the follow-up of your complaint.
2. Person responsible at the management level
If you did not obtain an answer or a satisfactory answer at the level at which you submitted your complaint in the first instance, the internal procedure give you the opportunity to rise the complaint up to the level of the management of Finologee.
In this respect, we provide the contact details of a person responsible at this level, our Chief Executive Officer.
Finologee S.A.
Chief Executive Officer
7, rue Jean Fischbach
L-3372 Leudelange
Luxembourg
Email: info@finologee.com
3. CSSF – Commission de Surveillance du Secteur Financier (Supervisory Authority)
If the complaint handling at the level of the responsible person did not result in a satisfactory answer, we will provide you with a full explanation of our position as regards the complaint. We also will inform you about the existence of the out-of-court complaint resolution procedure at the CSSF.
Commission de Surveillance du Secteur Financier
283, route d’Arlon
L-2991 Luxembourg
Luxembourg
reclamation@cssf.lu
The detailed procedure related to out-of-court complaint resolution by the CSSF could be found here: http://www.cssf.lu/en/consumer/complaints/