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Conditions of use

You (the "User") are authorized to use the Platform accessible via the address https://hubfinance.com, by your employer or any other entity Client of the Platform (hereinafter "Client") by virtue of a contract in place ("Contract") between the Client and DATAPUNK, a public limited company incorporated under the laws of Luxembourg, having its registered office at 5 rue de l'industrie, 99137, Luxembourg, and registered with the RCS of Luxembourg under number B247671 represented by its president, hereinafter the "Publisher".

By checking the box "I accept the GCU", you agree to abide by its terms without reservation.
THE USER'S UNDERTAKING TO COMPLY WITH THESE GCU IS WITHOUT PREJUDICE TO THE CUSTOMER'S LIABILITY IN THE EVENT OF BREACH OF CONTRACT.

1. DEFINITIONS

The terms below have the following meanings, when used with the first letter capitalized:

  • Databases: refers to all databases and sub-databases accessible via the Platform, in particular the directory of wealth management professionals.
  • User Account: refers to any account created for a User, accessible via the Platform. A User Account is defined by a login and a password (hereinafter "Login"). A User Account gives access to the Services.
  • Customer Content: refers to all content published by the Customer within the meaning of article 6-III of law no. 2004-575 of June 21, 2004 on confidence in the digital economy, which the Customer creates in the course of using the Services and which is accessible to other users of the Platform. Customer Content may take the form of videos, articles, podcasts, photos, etc., but is not to be considered as Customer Content. Customer Content does not include content published through the use of Third Party Services.
  • Contract: means the Contract signed by the Customer and the Publisher.
  • Documentation: means any written or electronic documentation relating to the Services, including documentation
  • accessible online via the Platform. Documentation may include, for example, user guides.
  • Documentation may change during the Term of the Contract, in accordance with the present terms.
  • Customer Data: refers to all data which :
  • (i) is sent to the Platform by or on behalf of the Customer through the use of the Services,
    (ii) is hosted on the Platform.
    Customer Data includes, for example, data generated by the User as a result of using the Platform and hosted on the Platform, data entered directly by the User on the Platform or transmitted by the User via import to the Platform. Customer Data includes Customer Content. Customer Data does not include Third-Party Data.
  • Personal Data: means any data forming part of the Customer Data and corresponding to personal data, as defined in the General Data Protection Regulation. See also our Privacy Policy.
  • Third-Party Data: means any data obtained from Third-Party Services, and provided to the Customer and the User as part of the Services.
  • Personal Data Protection Laws and Regulations: means the "European Regulation 2016/679, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC" ("General Data Protection Regulation " or "GDPR") and any laws and regulations relating to the protection of Personal Data applicable under the Contract.
  • Platform: refers to the website available at the URL address: https://hubfinance.com/ enabling access to the Services.
  • Customer Profile: refers to the page on the Platform on which the Customer's identification appears, including its logo, contact details, links to the Customer's website and social networks, a presentation of the team and its activities,
  • any Customer Content.
  • Services: refers to access to the Platform and its functionalities. Services do not include Third Party Services or Third Party Data.
  • ‍Third Party Services: means (i) any software application or other functionality of a software application or any database or service or system, (ii) provided by the Customer or by a third party (iii) that interacts with the Services. User: means any natural person authorized by the Customer to use the Services, to whom the Customer (or, where applicable, the Publisher at the Customer's request) has provided a user ID and password. Users may include, for example, employees or consultants of the Customer.
  • ‍Destination of the Services. The Services are intended to be used for the promotion and business development of wealth management players and with a view to developing professional networking between these industry players (hereinafter "Destination").

Examples of obligations to be met by the User (list considered non-exhaustive). The User undertakes in particular to comply with the following obligations (without prejudice to the Customer's liability in the event of breach of the Contract):

  • the User will use its best efforts to prevent any unauthorized use of or access to the Services, Customer Data and Third Party Data, and will promptly notify the Customer in writing in the event of any unauthorized access or use;
  • the User will use the Services, Customer Data and Third-Party Data in compliance with the Agreement, the Documentation, and applicable laws and regulations;
  • the User shall ensure the accuracy, reliability, quality and legality of the Customer Data and its compliance with applicable laws and regulations, in particular the Laws and Regulations relating to the Protection of Personal Data, for the purpose of performing this Agreement;
  • the User shall respect all intellectual property rights pertaining to the Platform, in particular its Databases, software elements, graphic charter, trademarks, works or designs;
  • the User will reply in a courteous and professional manner to any message sent by another user via the Platform;
  • the User undertakes to provide truthful, complete and up-to-date information on his/her Customer Profile.

Examples of restrictions on use.
The User agrees in particular not to (without prejudice to the Customer's liability in the event of breach of the Contract):

  • licensing, sublicensing, selling, assigning, reselling, renting, lending, leasing, transferring, allocating, distributing, sharing or in any other way commercially exploiting the Services or making them available to third parties;
  • modify, adapt or hack the Services or attempt in any other way to gain unauthorized access to the Services or the systems or networks concerned;
  • use the Services in violation of applicable laws and regulations, including, but not limited to, laws and regulations relating to the Protection of Personal Data, or those applicable to the protection of privacy;
  • use the Services to store or transmit any Customer Content (in any format whatsoever, such as files, documents, data, text, audio, video, images or any other content) in violation of any applicable laws and regulations, including but not limited to intellectual property laws, or laws and regulations relating to the protection of personal data;
  • use the Services in any way that interferes with or disrupts the integrity or performance of the Services and their components;
  • attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software comprising the Services, except as permitted by the French Intellectual Property Code;
  • use the Services to intentionally post, transmit, upload, link to, send or store any illegal, racist, hateful, abusive, defamatory, obscene or discriminatory content, or any data in violation of the laws and regulations applicable to the Services, and in particular the Laws and Regulations relating to the Protection of Personal Data;
  • use the Services for any purpose other than their Intended Use;
  • store or transmit any sensitive data within the meaning of Article 9 of the RGPD ;
  • knowingly use the Services to post, transmit, upload, link to, send or store
  • any viruses, malware, Trojan horses, time bombs or similar harmful software ("Malware");
  • use or launch any automated system that accesses a Service (i.e. a bot) in such a way as to send more
  • request messages to a Service server in a given time period than a human being can reasonably produce in that same time period, using a conventional Internet browser ;
  • or attempt to use or use the Services in violation of this Section.

‍Confidentiality of Login Credentials. The Customer is responsible for compliance by its Users with the stipulations of this Agreement. Each User will be identified by a Login ID and that this Login ID may only be used by one (1) individual. The User will not share a User's Login ID between multiple individuals.

Protection of Databases. The Databases are protected by copyright and by the sui generis right of the database producer. In its capacity as producer of the Databases, the Publisher prohibits as a matter of principle :

  • Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the Databases to another medium, by any means and in any form whatsoever,
  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of its Databases, in any form whatsoever,
  • The repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the content of the Databases beyond the normal conditions of use of these Databases.

SUSPENSION OF SERVICES.
THE USER IS HEREBY INFORMED THAT ACCESS TO THE SERVICES MAY BE SUSPENDED IN THE EVENT OF NON-COMPLIANCE WITH THE GCU.