Legal notice



IDENTIFICATION


The website "www.pulsarconnect.com" (the "Domain") and its platform "Platform.pulsarconnect.com" (the "Platform", and together with the Domain, the "Website") are published by investorsBay France, a French société par actions simplifiée, having a registered capital of €62,956, entry No. 819 102 476 in the Paris Trade and Companies Register, whose registered office is located at 21, rue Clement Marot, 75008 Paris, France – Email: [email protected] telephone number +33 1 85 08 07 33 ("Pulsar Connect" or the "Company").


Mr Yaron Ernst is the President of the Company and Publication Director.


The Domain is hosted by the company Wix.com, whose registered office is located at 500 Terry Francois Blvd, San Francisco, CA 94158, USA, telephone number +1 415-639-9034. The Platform is hosted by the company OVH, whose registered office is located at 2 rue Kellermann 59100 Roubaix, France, telephone number +33 9 72 10 10 07.


Access to the Website and use of the contents takes place as described below. The fact of accessing the Website and browsing it constitutes unreserved acceptance of the following provisions on the part of the Internet user.


PLATFORM


  • The Platform includes social media functionalities, which Internet users may access without charge, enabling institutional investors, asset managers and other financial professionals to share content, to be connected and to interact.


    The Platform designed by the Company is for communication purposes only, its users not being entitled and undertaking not:


    - to post any prospectuses or marketing material on the Platform, nor

    - to directly conduct trading or transactional activities on it.

  • The use of the Platform is made under the exclusive and sole responsibility of each user. As such, the Company does not check and cannot determine whether:


    - a content should be posted on the Platform or not, including in consideration of the potential access to such content by users located world-wide and operating in various investing or financial segments;

    - any product listed on the Platform is valid and/or eligible for investment, each user having to verify this with its own legal advisors.

    Additionally, the Company is not part of the transactions and other similar operations that may be concluded outside of the Platform, between users that have been connected on it.

  • Each user is solely responsible for the contents of any kind (textual, graphic, audio, visual content, data, information, messages, etc.) which it discloses, distributes and/or sends on the Platform. It guarantees to the Company and to third parties that it has all necessary rights and permissions to do so and further guarantees that such contents are lawful, do not undermine the rights of third parties, do not violate any statutory or regulatory provision or the terms and conditions herein described and, generally, are no likely to threaten civil or criminal liability of the Company. Each user undertakes to indemnify and hold the Company harmless from any and against all causes of action, lawsuits, costs, expenses, losses, obligations, damages, including reasonable attorneys’ fees, claims, suits and liability by other users and/or third parties that the Company may suffer or incur because of or in connection with the contents it hosts on the Platform.

  • For its part, the Company has no knowledge of the contents posted by users on the Platform, on which it performs no moderation, selection, audit or control of any kind and for which it acts only as a hosting provider. Accordingly, the Company cannot be held responsible for the content, authored by the Platform’s users, since it does not participate in the use of the Platform, in the discussions or interactions between users, made under their exclusive and sole responsibility.


    Notwithstanding the foregoing, the Company reserves the right to withdraw the content or the user which another user or a third party has identified as being illicit and has notified to the Company in accordance with French law No. 2004-575 of 21 June 2004.


INTELLECTUAL PROPERTY


  • Ownership


    The Company is the holder of the Website's domain name. The Website as a whole and the various elements making it up (such as texts, structures, software, animations, photographs, videos, illustrations, diagrams, graphics, logos, etc.) constitute intellectual works protected under the provisions of Articles L. 111-1 et seq. of the French Intellectual Property Code. They are the exclusive property of the Company, which is solely entitled to use the said intellectual property rights and the corresponding personality rights, trademarks, models, intellectual works, software, databases, interpretations, and images of individuals, either on the score of its original title to same or by virtue of a license or express authorization.


  • Sanctions


    The use of all or part the Website, for example by means of downloading, reproduction, transmission, display or dissemination for any purpose other than their personal and private non-commercial use is strictly prohibited. Violation of the Company's rights renders any person guilty of this liable to the sanctions set forth in the French Intellectual Property Code for copyright infringement (Article L. 335-1 et seq.) and trademark infringement (Article L. 716-1 et seq.), and/or stipulated by the French Civil Code on the score of civil liability (Article 9, and Articles 1240 et seq.).


RESPONSIBILITY/LIABILITY


The Company will do everything possible to ensure that the information it provides directly on its Website is accurate, from reliable sources and up-to-date; it reserves the right to correct the content of the Website at any time, without prior notice. However, the Company cannot guarantee the accuracy, precision and exhaustiveness of the information made available on the Website, which information constitutes neither a guarantee nor an undertaking towards visitors to the Website on the part of the Company.


In particular, the Company cannot be held liable for:


- any imprecision, inaccuracy or omission affecting information available on the Website;

- for any harm or damage resulting from hacking by a third party that may led to the modification of information made available on the Website;

- and, speaking more generally, any direct or indirect damage, regardless of the causes, origins, nature and consequences thereof, due to anyone's having accessed the Website or to its being impossible to access it, as likewise due to use of the Website and/or the credit accorded to any information coming directly or indirectly from the latter.


PERSONAL DATA


  • Nature of personal data


    Personal data means all personal information (in particular: the login, password, surname, first name, date of birth, e-mail and postal addresses, etc.) which Internet users may provide to the Company for purposes of subscribing to its newsletter via the "BLOG" or "NEWSLETTER" section on the Website and/or when users are updating their profile on the Platform and/or in any message sent to the Website via the "CONTACT" section and/or when they use the Website and the services offered thereon.


    Whatever their type, such data can directly or indirectly enable the Company to identify Internet users and get to know them better, send them its newsletter and/or reply to their messages and/or facilitate their browsing of the Website and/or optimise the quality of the services offered to them.


    When the Internet user provides personal data, he/she undertakes to reply to the questions asked and provide to the Company for this purpose information that is complete, accurate, up-to-date and does not harm the interests or infringe the rights of third parties.


  • Consent


    No personal data are collected without the Internet user's consent. Internet users will be informed beforehand whether the data to be provided to the Company for purposes of data collection carried out on the Website is optional or mandatory. Internet users are not in any way obliged to provide personal data to the Company.


    However, in the event of refusal, the Company will not be able to send its newsletter or other updates to Internet users and/or reply to their messages and/or facilitate their browsing on the Website.


    If the Internet user does not wish or no longer wishes to receive the Company’s newsletter or other communications, he/she can notify the Company by sending an e-mail to the following address: [email protected]. The Internet user also has the option to unsubscribe from the newsletter or other communications by clicking on the hypertext link directly featured in each issue of that newsletter or communication sent to him/her.


  • Person or entity responsible for processing personal data


    The Company is responsible for the collection and processing of personal data on the Website. It is the sole recipient of the personal data collected on the Website. Such personal data are not disclosed to third parties except if:


    - the Internet users have given their prior consent to this,

    - the said third party is intervening in the capacity of a Company’s subcontractor in the context of providing the Website and the services offered on it, and/or

    - the Company has been ordered by a judicial authority or any other administrative authority to forward such data to it.


  • Internet user's rights


    In accordance with the French Data Protection Act, No. 78–17 of 6 January 1978, each Internet user has a right to access, correct, supplement, update, lock or delete his/her personal data and, on legitimate grounds, to object to processing thereof by the Company. To exercise these rights, the Internet user can contact the Company by e-mail at the following address: [email protected].


  • Cookies


    During browsing of the Website, data relating to the Internet user's browsing via his/her terminal (computer, tablet, smartphone, etc.) may be saved in "cookies" files (alphanumeric identifiers or other trackers) installed on the said terminal, subject to the following choices expressed by the Internet user regarding the said cookies (such choices may be amended at any time) and to the settings of the browsing software used.


    The storage duration of the data relating to the Internet user's browsing history supplied by the cookie on the Website will not exceed thirteen (13) months.


    Cookies enable the Company, without personally identifying the Internet user, to:


    - save data relating to a form which he/she completed on the Website (subscription or access to his/her account) or to services or data which he/she chose or viewed on the Website;

    - enable the Internet user to access reserved and private areas on the Website such as his/her account, using his/her logins and/or data previously provided;

    - implement security measures, for example when the Internet user is asked to reconnect to content or a service after a certain time interval.


    Several options are offered to Internet users for managing cookies (thus, any settings made by the Internet user may affect his/her browsing on the Internet and his/her conditions of access to certain services on the Website requiring the use of cookies):


    - the Internet user can configure his/her browsing software to allow the saving of cookies on his/her terminal or, on the contrary, can reject cookies, either systematically or according to the cookie issuing party. He/she can also configure his/her browsing software to accept or refuse cookies whenever cookies are sent, before a cookie can be saved on his/her terminal;


    - if the Internet user sets his/her browser to accept the saving of cookies, the cookies integrated in the pages and content which he/she viewed may be temporarily stored in a dedicated space on his/her terminal. Cookies can be viewed in the said space by the issuer only;


    - if, on the contrary, the Internet user refuses the saving of cookies on his/her terminal, or if he/she deletes those which are saved on the said terminal, he/she will no longer be able to benefit from a number of functionalities which are nevertheless required to view certain areas of the Website. This will be the case if he/she attempts to access content or services which require identification or when the Company –or its technical service providers- cannot recognise, for the purpose of technical compatibility, the type of browser used by the Internet user's terminal, his/her language and display settings or the country where the said terminal appears to be connected to the Internet.


    In this case, the Company disclaims all liability for any consequences entailed in the impaired functioning of the Website and/or its services resulting from the impossibility if saving or viewing the cookies required to function, which the Internet user has refused or deleted.


    Each browser has different settings for managing cookies and Internet user choices. The browser settings are described in the said browser's help centre, to which the Internet user is advised to refer.


MODIFICATION


The Company hereby informs those consulting the Website that this legal notice may be modified at any time and shall be checked as often as Internet users access the Website. These modifications will be published by being put online and will be held to have been unreservedly accepted by any Internet user who accesses the Website after they have been put online.


DISPUTES


This legal information is drawn up in accordance with French law, in particular the provisions of the Act No. 2004-575 of 21 June 2004 concerning confidence in the digital economy, and of the French Data Protection Act No. 78–17 of 6 January 1978. The French courts are territorially competent to rule on any dispute relating to use of the Website, except in the event of any provisions to the contrary stemming from EC Regulation no. 44/2001 of 20 December 2000 concerning judicial competence and the acknowledgement and enforcement of decisions in civil and commercial cases (Brussels I).


For any question that an Internet user might wish to ask concerning use of the Website and/or concerning this legal notice, and for any request that he/she might wish to make to the Company, he/she may send a message via the "CONTACT" section in the Website and/or send an email to the following address: [email protected].