CGU

General terms and conditions of use (Robot-trade.fr and associated communication media)

GENERAL CONDITIONS OF USE OF THE " ROBOT TRADE.FR " WEBSITE AND ITS SOCIAL NETWORKS

Article 1 Preliminary provisions

The company RTINVEST is a SAS with a share capital of
12 000 EUR, in the process of being registered with the RCS of Toulouse, whose head office is located at 13, Rue Sainte Ursule - 31000 Toulouse (France).

RTINVEST is the owner and publisher of a website called "ROBOT TRADE.FR" (accessible at www.robot-trade.fr), which, after analysing their results, refers to companies offering investments (for example, via trading robots, copy-trading solutions or crowdfunding).

The publication of information on the above-mentioned companies and their services helps individuals and legal entities to subscribe to these investments.

In addition, RTINVEST hosts discussion networks dedicated to each listed company and their services (on Facebook, Instagram or Telegram), as well as public videoconference meetings, which also help the said individuals and legal entities to subscribe. The sole purpose of the discussion networks and public videoconference meetings hosted by the Company is to enable it to share with the said individuals and legal entities its feedback on the listed companies and the services they offer, as well as to provide them with technical assistance in their subscription.

Article 2 - Definitions

In these general terms and conditions of subscription and use, words or expressions beginning with a capital letter shall have the following meaning:

Ethical Charter: refers to the ethical charter established by the Company, defining in particular the principles of integrity, independence, competence and organisation that it undertakes to respect with regard to the Referred Companies, as well as the methodologies according to which the latter are referenced.

General Conditions of Use: means this document and any annexes.

Personal Data: means any information that may allow a natural or legal person to be identified directly or indirectly (surname; first name; email address; IP address; browsing data; etc.), as defined by Article 4 of the European Union's General Data Protection Regulation (RGPD 2016/679).

Referred Companies: refers to the companies offering investments, listed on the Site and the Social Networks, under the conditions defined below.

Party(ies ): means individually the Company or a User and collectively the Company and a User.

Privacy Policy: means Article 17 hereof.

Social Networks: refers to the Company's various social networks (on Facebook, Instagram or Telegram), through which it presents the Services offered by the Referred Companies.

Services: refers to the investment services offered by the Referred Firms on the Site.

Site: shall designate the "ROBOT TRADE.FR" website owned and published by the Company, accessible at the address: www.robot-trade.fr.

Users: refers to individuals and legal entities using the Site and the Social Networks, in particular in order to obtain information on the Services of the Referred Companies and possibly wishing to subscribe to them.

Article 3 - Legal notice

The Site is published by the Company, SAS with a share capital of
12,000, registered with the Toulouse Trade and Companies Registry, whose registered office is located at 13, Rue Sainte Ursule - 31000 Toulouse (France).

The director of the publication is RTINVEST.

The Site is hosted by the company Infomaniak Network, SA under Swiss law, with a share capital of CHF 102,000, whose registration number is CHE-103.167.648, located at 25, Rue Eugène-Marziano - 1227 Les Acacias.

Article 4 - Purpose

The purpose of these General Terms of Use is to detail their scope of application, as well as the conditions of their acceptance.

They also describe: (i) in a non-exhaustive manner, the Referred Companies and the Services they offer; (ii) as well as the conditions under which Users may subscribe to the aforementioned Services.

They also deal with the limitation of the Company's liability.

The General Conditions of Use also include clauses relating to the personal data of Users, as well as the policy on the confidentiality of such data.

Article 5 - Scope of application

The Parties agree that their relations with respect to the use of the Site and the Social Networks are governed by the present Terms and Conditions, to the exclusion of any conditions previously available on the Site.

Article 6 - Acceptance of the TOS

Any use of the Site and the Social Networks implies the consultation and express acceptance of these terms by the Users.

By using the Site and the Social Networks, Users acknowledge that they have read, understood and accept these terms and conditions without reservation.

Article 7 - Listed Companies and Services

Through the Site and the Social Networks, the Company presents the Services of Referred Companies.

The publication of information on the above-mentioned Referred Companies and their Services helps individuals and legal entities to subscribe to these Services.

In addition, the Company's moderation of discussion networks dedicated to each Referred Company and their Services via the Social Networks also makes it possible to help said individuals and legal entities to subscribe. The sole purpose of the discussion networks and public videoconference meetings run by the Company is to enable it to share with said individuals and legal entities its feedback on the Referred Companies and the Services they offer, as well as to provide them with technical assistance in their subscription.

The Referred Companies and their Services are more fully detailed on the Site (by means of dedicated sheets) and the Social Networks.

Article 8 - Access to the Site and the Social Networks

Access to the Site and the Social Networks is free.

Any costs that may result from access to and use of the Site and the Social Networks shall be borne exclusively by the User.

The Site and the Social Networks are accessible 24 hours a day, 7 days a week.

The Company is entitled to modify, without indemnity or prior notice, the servers or the hours of accessibility to the Site and the Social Networks, as well as to terminate access to the Site and the Social Networks, in order to carry out updates, modifications or improvements.

Article 9 - Opening of a personal account

The opening of a personal account on the Site is done by following the terms and conditions provided for this purpose by the User.

When requesting the opening of a personal account on the Site, the User guarantees in particular that he/she has full legal capacity to conclude a contract.

The user also undertakes not to use information that would infringe the rights of third parties, public order and good morals, and to provide accurate, complete and precise information and to keep it up to date.

The User undertakes not to divulge his account details by any means whatsoever. The confidentiality and use of his identifiers is his sole responsibility.

In the event of non-compliance with any of the User's undertakings, the Company reserves the right to suspend the User's personal account as of right, without compensation or prior formality.

Users shall promptly report any suspected or unauthorised use of their accounts or fraudulent access to their passwords.

Article 10 - Connection

In order to connect to his account on the Site, the User indicates his login and password on the form dedicated to this purpose.

Article 11 - Use of the Site, the Social Networks and Users' commitments

In the context of their use of the Site and their personal account, as well as the Social Networks, Users undertake to:

  • not to use all or part of the elements of the Site and the Social Networks, outside of these terms and conditions or in a way that would infringe the regulations;
  • not to use all or part of the elements of the Site and the Social Networks for any purpose other than normal use, it being specified that any use and activity deemed disproportionate will be considered as not being normal use;
  • not to publish, transmit, disseminate, edit or make accessible via the Site and the Social Networks any content that could constitute, without this list being exhaustive, defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, to racial hatred and more generally to the commission of crimes and misdemeanours, propagation of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and/or works, software, content prohibited by law or infringing the rights of third parties, infringement of the authority of justice, infringement of privacy, protection of personal data or secrecy of correspondence, apology for crimes against humanity or denial of genocide, disclosure of information covered by secrecy or by the right to privacy, or acts endangering minors, in particular by the production, transmission, dissemination or accessibility of messages of a violent or pornographic nature or of a paedophilic nature, or of a nature to offend human dignity or to enable the manufacture of explosives;
  • not to falsify data, messages or documents, message headers or identification or connection data or otherwise manipulate an identifier or information in such a way as to conceal the origin of the transmission of content via the Site and the Social Networks;
  • not to knowingly upload, post, broadcast, transmit or otherwise make available any content that contains or consists of computer viruses or any other computer code or programs designed to interrupt, destroy, hijack or limit the functionality or performance of the Site and the Social Networks

Article 12 - Duration

The present General Terms of Use govern the contractual relationship between the Parties, relating to its purpose, which is for an indefinite period.

For Users with a personal account on the Site, the contractual relationship between the Parties ends when the said account is closed, which may occur:

  • at any time upon request by the User to the following email address: [email protected] ;
  • at the Company's sole discretion, if the User fails to comply with any of its obligations hereunder, without prejudice to any damages that the Company may be entitled to claim.

Article 13 - Modification of the General Conditions of Use

The General Terms of Use applicable are those in force on the date of the User's first visit to the Site and the Social Networks.

These Terms of Use are available on the Site and the Social Networks.

However, the Company may modify these terms and conditions at any time, without prior notice, provided that it informs its Users as soon as these modifications come into effect by email and/or by publishing said modifications on the Site and the Social Networks.

The Company will update the Terms and Conditions of Use by indicating the date of the last update in the upper right-hand corner of these Terms and Conditions.

Article 14 - Limitation of liability

The Company shall only be liable for direct damage caused by its fault, the proof of which must be provided by the User.

The Company shall not be held liable for any indirect damage suffered by its Users who are legal entities. In particular, any financial or commercial loss, any loss of turnover, profit, data, orders or customers is considered as indirect damage.

Furthermore, the Company cannot be held liable, for any reason whatsoever, for the information, data and analyses contained on its Site. More specifically, it is the User's responsibility to verify the said information, data and analyses before making any decision, in particular investment decisions. Indeed, it is reminded that the Company only presents the Services of Referred Companies and does not act, in any capacity whatsoever, as an investment advisor or independent financial analyst.

Article 15 - Force majeure

In the event of the occurrence of an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failures not caused by the Company's own actions, shortages of supplies, wars, riots, insurrections, and more generally any circumstance or event preventing the Company from properly performing its obligations, the Company shall not be liable for any failure to perform the Services, provided that it has immediately informed the User and has taken all necessary measures to limit the effects thereof.

Article 16 - Intellectual property

All the elements contained on the Site and the Social Networks are protected by the laws relating to intellectual property.

Thus, the Company holds all rights, titles and interests, including all intellectual property rights related to the Site and the Social Networks, as well as ideas, suggestions, requests for improvement, comments, recommendations and other information that Users and third parties communicate about the Site and the Social Networks.

In addition, the Company holds the rights to use all the elements accessible on the Site which it owns and the Social Networks, in particular the texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site and the Social Networks, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.

Article 17 - Privacy policy

17.1 Purpose

The purpose of this Privacy Policy is to define the principles and guidelines implemented by the Company in relation to the processing of Users' Personal Data.

More specifically, this Privacy Policy details all the processing of the said Data, the purposes pursued by the latter, as well as the means available to its Users to exercise their rights.

For any additional information on the protection of Personal Data, the Company recommends that Users visit the CNIL website(www.cnil.fr).

17.2 Personal Data

Collection of Personal Data

Personal Data is collected by the Company from the Site (at the time of the opening of Users' accounts on the Site), from cookies, from scripts and from the User's browser.

The main Personal Data collected: email; password; first name; name, social network identifiers.

Types, purposes and duration of processing of Personal Data collected

In accordance with the law 78-17 of January 6, 1978, modified by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the Personal Data of its Users, in order to :

  • respond to requests

The Company processes Personal Data in order to respond to Users' requests.

The Company processes the following Personal Data to respond to Users' requests: the User's identity information (first name, last name) and contact information (email address).

The processing is motivated by the Company's legitimate interest in answering its Users' questions and offering them a quality customer service.

  • provision of newsletters

The Company processes the Personal Data of Users in order to provide them with newsletters.

The Company processes the following Personal Data to provide newsletters: the User's identity information (first name, last name) and contact information (email address).

By subscribing to the Company's newsletter, the User gives his/her consent to the processing of his/her Personal Data for this purpose.

The User has the right to unsubscribe from the Company's newsletter lists at any time.

This Personal Data is kept for this purpose as long as the User is registered for the Company's newsletter.

  • legal obligations

The Company processes Personal Data in order to fulfil its legal obligations, for example in terms of accounting.

To this end, the Company processes the following Personal Data: the User's identity information (first name, last name) and contact information (email address), as well as payment information.

The processing is necessary for the Company to fulfil its legal obligations in accordance with national and European laws and regulations.

Recipients of the Personal Data

In the context of the use of the Site, the recipients of the Personal Data collected by the Company may be the Company's partners.

In addition, the Company is entitled to disclose the Personal Data of Users, if required by law or in the event of a breach of this Agreement by such Users.

Transfer of Personal Data to third countries

The Company endeavours to process Personal Data within the EU/EEA, so that Users can be confident that their Personal Data is protected.

In some cases, however, Personal Data may be transferred to and processed by service providers located in countries outside the EU/EEA.

To ensure that Personal Data is always protected, the Company implements adequate security measures at all times, for example through data protection agreements that oblige subcontractors to protect Personal Data in the same way as the Company. An up-to-date list of countries to which the Company transfers Personal Data, if any, is available upon request.

Users may also request information on the security measures implemented by the Company.

17.3 Consent

The consent of the Users is presumed for the use of the said Personal Data, for the proper functioning of the Site and the Social Networks.

Where Users' Personal Data is used for marketing purposes, Users' prior express consent is required. Users always have the possibility to withdraw their consent by sending an email to: [email protected]

17.4 Storage

The Site is hosted by the company Infomaniak Network, SA under Swiss law, with a share capital of CHF 102,000, whose registration number is CHE-103.167.648, located at 25, Rue Eugène-Marziano - 1227 Les Acacias.

The Personal Data collected are hosted by the company Infomaniak Network, a Swiss company with a share capital of CHF 102,000, whose registration number is CHE-103.167.648, located at 25, Rue Eugène-Marziano - 1227 Les Acacias.

17.5 Safety

The Company undertakes to implement all necessary means to ensure the security and confidentiality of Personal Data.

Thus, in order to protect the Personal Data of the Users of its Site, the Company takes a set of precautions and follows the best practices in the matter, to ensure that the said Data are not lost, diverted, consulted, disclosed, modified or destroyed in an inappropriate manner.

17.6 Cookies

What is a cookie?

A cookie or tracer is an electronic file deposited on a terminal, such as a computer, a tablet or a smartphone, and in particular read when connecting to a website, reading an email, installing or using a software or a mobile application, whatever the type of terminal used.

Why does the Company use cookies?

In particular, the proper functioning of the Site implies the presence of cookies implanted in the User's computer, at the time of connection, in order to record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identity of its Users.

When connecting to the Site for the first time, a banner explaining the use of cookies will appear. From then on, by continuing to browse, the User will be deemed to have been informed and to have accepted the use of said cookies.

The User is entitled to oppose the use of cookies by configuring his or her browser software.

The User also has the possibility to withdraw his consent to the use of cookies at any time.

Type of cookies used on the Site

Session cookies - these cookies expire when the User closes their web browser. The Company uses this type of cookie to, among other things, facilitate navigation on the Site. Some of these cookies are essential for the proper functioning of the Site. This means that if the User completely blocks the use of cookies, they will not be able to use all the functions of the Site.

Persistent cookies - these cookies remain on the User's device for a specific period of time or until the User deletes them. This type of cookie is used to improve the User's experience on the Site, including ensuring that the User does not have to log in each time they visit the Site. The Company also uses persistent cookie information to keep statistics on the Site, so that it can improve its Services in line with what the User wants and likes.

Categories of cookies used on the Site

Functional and Required Cookies - the Company uses certain cookies that are necessary because they allow visitors to navigate and use key features of the Site/ For example, functional and required cookies may assist with features such as URL redirection. Without these cookies, the User cannot navigate the Site.

Analytics and Performance Cookies - the Company uses analytics and performance cookies to collect information about how individual Users interact with the Site.

Social networks

In order for you, as a visitor, to share news on social networks such as Facebook or Instagram, the Company uses cookies.

Registered cookies are also used to provide targeted marketing via retargeting via Facebook Pixel or Snapchat Pixel.

These sites may use cookies when Users log on to use their services. As these cookies are from third party providers, the Company cannot be held responsible for them. For more information, the Company recommends that its Users read the privacy policies of these third party providers.

Google Analytics and Adwords

The Company uses cookies to keep statistics on the Site, which allows it to improve the information contained on the Site. For this purpose the Site uses Google Analytics and Adwords cookies. The Company uses Google Analytics to gain insight into the operation of the Site and the number of visits it receives, as well as to be able to offer targeted marketing via retargeting. Google Adwords cookies are stored so that the Company can measure the conversion rate of its Google ads. For more information, the Company recommends that its Users read the privacy policy of this third party provider here.

Youtube

Because the Company sometimes uses embedded videos from Youtube and wants the Site to remember Users' settings, such as volume, it uses cookies that manage these aspects. As explained above, these are cookies from third-party vendors, so the Company cannot be held responsible for them. For more information, the Company recommends that its Users read the privacy policies of these third-party vendors.

Summary table of cookies used on the Site

 

Cookie/supplier Category Objective Type Duration
CONSENT

 

 

Required Used to detect whether the visitor has accepted́ the marketing category in the cookie banner. This cookie is necessary for the compliancé of the Site with the RGPD

 

HTTP 2 years
CONSENT

 

Required Used to detect whether the visitor has accepted́ the marketing category in the cookie banner. This cookie is necessary for the compliancé of the Site with the RGPD

 

HTTP 2 years
ElfsightAppCore.storageTest

 

Required Technical cookie. Used to implement third party widgets on the Site

 

HTTP Persistent
_ga

 

Statistics Stores a unique identifier used to generate statistical data on how the visitor uses the Site

 

HTTP 2 years
_ga_#

 

Statistics Used by Google Analytics to collect data on the number of times a user has visited́ the Site and the dates of the first and most recent visit

 

HTTP 2 years

 

_p_hfp_client_id

 

Marketing Used to implement social platforms on the Site. This allows them to track the User by assigning a specific identifier to the User

 

HTTP 179 days
VISITOR_INFO1_LIVE

 

Marketing Attempts to estimate user bandwidth on pages with embedded YouTube videos

 

HTTP Session
YSC

 

Marketing Records a unique identifier to keep statistics on YouTube videos viewed by the User.

 

HTTP Persistent
ytidb::LAST_RESULT_ENTRY_KEY

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
yt-remote-cast-available

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
yt-remote-cast-installed

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
yt-remote-connected-devices

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Persistent
yt-remote-device-id

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Persistent
yt-remote-fast-check-period

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
yt-remote-session-app

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
yt-remote-session-name

 

Marketing Stores the User's video playback preferences for embedded YouTube videos

 

HTML Session
weglot_wp_rocket_cache

 

Not classified Unclassified HTTP

 

Session
wp_dark_mode_visited

 

Not classified Unclassified HTTP

 

1 day

More information on cookies

https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

Questions

If you have any questions about this cookie policy, please contact the Company by email at [email protected]

17.7 Personal Data Rights

The User has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, limitation, opposition and portability with regard to the information concerning him/her.

To exercise their rights, Users should write to the following email address: [email protected]

Furthermore, if a User has reason to believe that the security of his or her Personal Data has been compromised or that such Data has been misused, he or she is entitled to contact the Company at the following email address: [email protected]

The Company will investigate complaints regarding the use and disclosure of Personal Data and will attempt to resolve them in accordance with applicable regulations.

The User also has the possibility of lodging a complaint with the CNIL, whose contact details are given on its website www.cnil.fr.

Article 18 - Miscellaneous

18.1 Independence of the Parties

Each of the Parties is a legally and financially independent legal entity, acting in its own name and under its own responsibility.

Each Party shall therefore refrain from entering into any commitment in the name and on behalf of the other Party, which it shall in no case substitute.

18.2 Completeness

The Parties acknowledge that the present document constitutes the entire agreement between them relating to its subject matter and supersedes all previous oral and/or written undertakings between the Parties relating to the said subject matter. Unless otherwise expressly stipulated, the terms and conditions and obligations of this document shall prevail over all others.

18.3 Nullity

The nullity, unenforceability or, more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations which shall remain perfectly valid and binding.

18.4 Non-waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

Article 19 - Customer service

The Company's customer service can be reached by email at [email protected].

Article 20 - Amicable settlement of disputes

Requests for complaints from Users must be made to the Company's customer service department (contact details given in Article 19 hereof).

After sending a request for a complaint to the Company and in the event that it is impossible to reach an amicable agreement, the Individual User is duly informed that he/she is entitled to have recourse to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code.

Whichever Party wishes to have recourse to mediation, it must first inform the other Party by means of a registered letter with acknowledgement of receipt, specifying the reasons for the dispute.

The Company's mediator is Devigny Médiation (9, Avenue René Gasnier D01 - 49100 Angers (France)). He can be contacted directly, by following the link below: www.devignymediation.fr.

Furthermore, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the consumer Customer may also have recourse to the online dispute resolution platform accessible by following the link below: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR.)

Article 21 - Applicable law and competent jurisdiction

The General Conditions of Use are subject to French law.

For natural person Users, acting as consumers, any dispute relating to the present document will be brought before one of the territorially competent courts under the Code of Civil Procedure.

Furthermore, natural persons, acting as consumers, have the possibility of submitting any dispute relating to the present contract either to the jurisdiction of the place where they lived at the time of the conclusion of the contract, or to that of the place where the harmful event occurred.

In any event, natural person Users, acting as consumers, are duly informed that they are entitled to have recourse to mediation in accordance with the provisions of Article L. 111-1 of the Consumer Code.

For Users who are legal entities, acting in their capacity as professionals, the Commercial Court of Marseille shall have sole jurisdiction to hear any disputes relating to the present document, in the absence of an amicable agreement between the Parties.

Article 22 - French and foreign versions

These General Terms and Conditions of Subscription and Use are written in French. In the event of contradiction or misunderstanding, they shall prevail over any other version that may be drafted in another language at the request of the User.

Article 23 - Election of domicile

The Company's address is 13, Rue Sainte Ursule - 31000 Toulouse (France).

Trading exposes you to the same risk of loss as deposits and is only suitable for sophisticated clients who have the financial means to bear the risk.

Furthermore, past performance is not a reliable indicator of future performance. The value of an investment can go down as well as up.

The Company cannot be held liable, for any reason whatsoever, for the information, data and analyses contained on its Site. More specifically, it is the User's responsibility to verify the said information, data and analyses before making any decision, in particular investment decisions.

Thus, the User is solely responsible for the use made of the acquired information and assumes all risks associated with such use. In particular, it is up to him to take all necessary measures to preserve the integrity of his capital.

It is also reminded that the Company only presents the Services of Referred Companies and does not act, in any capacity whatsoever, as a financial investment adviser, independent financial analyst, investment services provider, AIF portfolio management company investment services provider, UCITS portfolio management company, collective investment management company, custody account holder, AIF depositary, securitisation undertaking depositary, clearing house, approved representative association, approved direct seller, or data communication service provider.

Finally, by using the Site and the Social Networks, Users acknowledge that they have read, understood and accept without reservation its General Terms of Use.

Investment at risk