Definitions
Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the french civil code, or legal entity, who visits the Site which is the subject of these general conditions.
Benefits and Services: https://holyfins.com provides Customers with.
Content: All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by https://holyfins.com for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Law and articles: Refer to French and European laws applicable.
Personal information: “Information that allows, in any form whatsoever, or not, the identification of individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)
1. Presentation of the website
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website https://holyfins.com the identity of various stakeholders in its implementation and monitoring:
Owner: HOLYFINS – RCS 912511151 – Located at 13 place du chai, 22000, Saint-Brieuc FRANCE
Responsible for publication: Holyfins – contact@holyfins.com The responsible for publication is a legal entity.
Webmaster: HOLYFINS – contact@holyfins.com
Host: Digitalocean LLC – 101 Avenue of the Americas 10th Floor New York, United States 10013 New York 1-347-903-7918
Data Protection Officer: HOLYFINS – contact@holyfins.com
2. General conditions of use of the site and the proposed services
The Site forms a work of the mind protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or content of the Site.
The use of the site https://holyfins.com implies full acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, the users of the site https://holyfins.com are thus invited to consult them regularly.
This website is accessible to users at all times. However, an interruption for technical maintenance may be decided by https://holyfins.com, which will then endeavor to inform users in advance of the dates and times of the intervention. The website is regularly updated by the company Holyfins. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed on the user who is invited to refer to them as often as possible in order to take note of them.
3. Description of services provided
The purpose of the website https://holyfins.com is to provide information concerning all the activities of the company HOLYFINS. https://holyfins.com endeavors to provide information on the website https://holyfins.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether these are its fault or the fault of third-party partners who provide it with this information.
All information on the site https://holyfins.com is given as an indication and is likely to evolve. Moreover, the information on the site https://holyfins.com is not exhaustive. It is given subject to modifications having been made since it was put online.
4. Contractual limitations on technical data
The site uses a variety of informatic languages such as JavaScript and PHP technologies. The website cannot be held responsible for material damage related to the use of the site. Moreover, the user of the site agrees to access the site using recent equipment, free of viruses and with a last-generation browser updated. The site https://holyfins.com is hosted by a provider on the territory of the European Union (Frankfurt, Germany) in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, the Hosting Company reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.
Holyfins.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
The company Holyfins is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Internet 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 prior written authorization of the company.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted by the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability
Holyfins acts as the publisher of the Site. Holyfins is responsible for the quality and accuracy of the content it publishes. It cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://holyfins.com, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Holyfins cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website.
Interactive spaces (possibility of asking questions in the space contact and an online chat) are at the disposal of the users. https://holyfins.com reserves the right to remove, without preliminary setting in residence, any contents deposited in this space that would contravene the applicable legislation in France, in particular with the provisions relating to the data protection.
If necessary, https://holyfins.com also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph, video).
7. Personal data management
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 06, 2004, as well as the General Data Protection Regulation (RGPD: 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 his navigation on the Site, the person in charge of the treatment of the Personal Data is Holyfins. https://holyfins.com is represented by Holyfins, its legal representative
As the person in charge of the treatment of the data which it collects, https://holyfins.com commits to respect the framework of the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of the processing in conformity with the reality. Each time that https://holyfins.com processes Personal Data, https://holyfins.com takes all the reasonable measures to ensure the exactitude and the relevance of the Personal Data with regard to the purposes for which https://holyfins.com processes them.
7.2 Purpose of the data collected
https://holyfins.com may process all or part of the data:
- to allow navigation on the Site and the management and traceability of 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, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys https://holyfins.com does not market your personal data which are thus only used by necessity or for statistical and analysis purposes.
7.3 RIGHT OF ACCESS,RECTIFICATION AND OPPOSITION
By the European regulations in force, the Users have the following rights:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users’ data right of blocking or deletion of Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 RGPD)
- the right to portability of the data provided by the User, when such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD)
- the right to define the fate of the data of the Users after their death and to choose to whom https://holyfins.com will have to communicate (or not) their data to a third party that they will have beforehand designated
As soon as holyfins.com has knowledge of the death of a User and in the absence of instructions of its share, https://holyfins.com commits itself to destroy its data, except if their conservation proves to be necessary at evidential ends or to answer a legal obligation.
If the user wishes to know how https://holyfins.com uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact https://holyfins.com by writing to the following email address: contact@holyfins.com
In this case, the User must indicate the Personal Data that he/she would like https://holyfins.com to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://holyfins.com by law, in particular as regards to the retention or archiving of documents.
7.4 Non-disclosure of personal data
Holyfins.com refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “not adequate” by the European Commission without informing the customer in advance. Holyfins remains free of the choice of its technical and commercial subcontractors provided that they present sufficient guarantees about the requirements of the General Regulation on the Protection of Data (RGPD: n° 2016-679).
https://holyfins.com commits to take all the necessary precautions to preserve the security of the Information and in particular that they are not communicated to not authorized people. However, if an incident impacting the integrity or the confidentiality of the Customer’s Information is brought to the attention of https://holyfins.com, the latter will have to inform the Customer as soon as possible and communicate the corrective measures taken. In addition the company does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://holyfins.com and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://holyfins.com are mainly the agents of our customer service.
7.5 Types of Data Collected
https://holyfins.com collects information to improve the user experience and provide contextualized advice: Website Preference (Shopping Cart, Recently Viewed Product, Comments and Login Settings)
This data is kept for a maximum period of 12 months after the end of the contractual relationship
8. Incident Notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to keep our customers fully informed of all matters relating to the security of their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the site is published without the knowledge of the user, exchanged, transferred, yielded or sold on some support to third parties. Only the assumption of the repurchase of https://holyfins.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the website.
8.1 Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Holyfins.com uses networks protected by standard devices such as firewalls, CDN, pseudonymization, encryption and passwords.
When processing Personal Data https://holyfins.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
Holyfins.com contains a certain number of hypertext links to other sites, set up with the authorization of https://holyfins.com. However, Holyfins does not have the possibility of checking the contents of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
9.1. “COOKIES
A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This 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. Cookies do not damage the User’s terminal in any way.
https://holyfins.com is likely to process the information of the User concerning his visit of the Site, such as the consulted pages and the carried-out research. This information allows Holyfins to improve the content of the Site and the User’s navigation.
Since Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User can also configure his browser so that the acceptance or refusal of Cookies is proposed to him punctually before a Cookie is likely to be recorded in his terminal. https://holyfins.com informs the User that, in this case, it is possible that the functionalities of his browser are not all available.
If the User refuses to accept 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. This could also be the case when Holyfins.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.
If necessary, https://holyfins.com declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by the company, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://holyfins.com to record or to consult the Cookies necessary to their functioning because of the choice of the User. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow the user to know how to modify his wishes regarding Cookies.
At any time, the User can choose to express and modify his wishes regarding Cookies. https://holyfins.com may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Facebook and Instagram appearing on the Website of Holyfins.com in case the User has accepted the deposit of cookies by continuing his navigation on the Website of https://holyfins.com, Facebook and Instagram can also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the https://holyfins.com website. At any time, the User can nevertheless withdraw his consent to the deposit of this type of cookie by Holyfins.
9.2. INTERNET TAGS
https://holyfins.com may occasionally employ web beacons (also known as “tags,” “action tags,” “single-pixel GIFs,” “clear GIFs,” “invisible GIFs,” and “one-to-one GIFs”) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements allowing users to access the Site, and on the various pages of the Site.
This technology allows https://holyfins.com to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://holyfins.com, and provide other services relating to the use of the Site and the Internet.
10. independence and non-affiliation disclaimer
HolyFins is an independent entity and is in no way affiliated with Futures Fins, LLC, Fin Control Systems Pty. Limited, or any of their respective entities, products, or services. HolyFins is a separate and distinct brand, and any references to Futures Fins, LLC, Fin Control Systems Pty. Limited, or their entities are purely for the purpose of clarification and distinction.
11. Applicable law and jurisdiction
Any dispute in connection with the use of the site https://holyfins.com is subject to French law. Except in cases where the law does not allow it, the competent courts of Rennes in France have exclusive jurisdiction.