Use of the website

​

​

​

1. This website (the “Site”) and/or the services, including any mobile applications connected thereto (collectively the “Services”), are owned and operated by ESTER (hereinafter also referred to as “we”, “us” or “our”). These Conditions of Use (the “Conditions”) define the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or the Services.
    

2. This site is published by ESTER, Simplified Joint Stock Company, with capital of 66,185 euros, registered in the PARIS Trade and Companies Register under number 512 378 407 and having its head office located at 39 rue des Mathurins, Paris 75008. ESTER is a Financial Investment Advisor Registered with Orias 13000667, www.orias.fr, CIF member of the CNCEF.
   
    

   • Mediation other activities:
     CMAP - Service Médiation de la consommation
     39, Avenue Franklin Roosevelt
     75008 Paris
     o    http://www.cmap.fr/

   • The publication director is Mr. Pierre Dupoué.
      

   • Complaints are handled by post, telephone or email:
     by telephone: 01 70 60 72 32 (price of a local call)
     by email: elsa.sitruk@esterfinance.com or stephane.kourganoff@esterfinance.com
     by post: 39 rue des Mathurins – 75008 Paris
       

   • CIF activity mediation:
     Autorité des marchés financiers
     17, place de la Bourse
     75 082 Paris Cedex
     http://www.amf-france.org
      

3. This site is hosted by Wix.com
    

   • Wix.com Inc.
     500, Terry A François Blvd San Francisco, CA 94158

   • Telephone: +1 415-639-9034

 

1. By accessing or using the Services, you acknowledge that you have read and consent to these Conditions and you agree to be bound by them. If you do not agree to all the Conditions, you must not access the Site or use any Services. Read these Conditions carefully before accessing or using our Site or Services.
    

2. These Conditions are provided in the French language.  In the event of any discrepancy between the French version of this document and any translation thereof, the French version shall prevail.
    

3. To use our Site and/or take advantage of our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Conditions as a binding agreement. You are not authorised to use this Site and/or take advantage of our Services if this is prohibited in your country or by any law or regulation applicable to you.
   
   In addition, before subscribing to our services, you must read and accept these Conditions.
   
   You may download and print these Conditions.
    

Member's account

​

1. Certain sections and functionalities of our Site are only accessible to persons who have been invited to open a Member's Account. To register and create such an account ("Member's Account"), you will need to provide accurate and complete information about your identity and the company that employs you.
    

2. If someone other than yourself accesses your Member's Account and/or any of your settings, they will be able to carry out all the actions available to you, including making changes to your Member's Account. Therefore, we strongly encourage you to keep your Member's Account login credentials secure. All such activities shall be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member's Account, whether or not you have specifically authorised them, and for all damages, expenses or losses that may result from such activities. You are liable for activities carried out on your Member's Account in the manner described if you have negligently allowed your Member's Account to be used by failing to take reasonable care to protect your login details.
    

3. We may terminate or suspend your access to your Member's Account temporarily or permanently without liability in order to protect us, our Site and Services or other users, including if you breach any provision of these Conditions or any applicable law or regulation in connection with your use of the Site or your Member's Account. We may do so without notice if circumstances require immediate action, in which case we will inform you as soon as reasonably possible. In addition, we reserve the right to terminate your Member's Account without cause, by giving you two months' notice by email, if we terminate our Member's Account programme or for any other reason. You may stop using your Member's Account and request that it be deleted at any time by contacting us.
    

4. Where the creation of a Member's Account is the result of an agreement between ESTER and a third-party company, and where, as a result of this agreement, individual Member's Accounts have been created giving access to information concerning the third-party company in question, ESTER is not responsible for updating the list of authorised Member's Accounts in line with the company's arrivals and departures. Once the Member's Account has been created, it is therefore the responsibility of the third party company to inform ESTER if the Member's Account is to be suspended or terminated.
    

Acceptable use

​

1. Our Services are provided for your information and for non-commercial use. When you use our Services, you must comply with these Conditions and all applicable laws.
    

2. Except as expressly permitted by these Conditions, you must not: (i) use our services in any unlawful or fraudulent manner (including infringing the rights of any third party) or for any such purposes, to collect personally identifiable information or to impersonate other users; (ii) use our services in any way to manipulate or distort, or undermine the integrity and accuracy of any content, or take any steps to interfere with, damage, disrupt any part of our services; (iii) use our services to send, receive, upload/post or download any material which does not comply with our content standards; (iv) use our services to transmit or facilitate the transmission of any unsolicited or unauthorised advertising or promotional material; (v) use our services to transmit data, or upload data to our services, that contain viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vi) use any robot, spider, other automatic device or manual process to monitor or copy our site or other web pages or the content of our services, or use network monitoring software to determine the architecture of our services or extract usage data; (vii) engage in any conduct that restricts or inhibits any other user from using or enjoying our services; or (viii) use our services for any commercial purpose or in connection with any commercial activity conducted, without obtaining our prior written consent. You agree to cooperate fully with us to investigate any suspected or actual activity that violates these General Conditions.
    

Intellectual property

 

Our Services and associated content (and any derivative works or improvements thereof), including, but not limited to, all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, as well as all related intellectual property rights, are the property of ESTER and are protected as such by the provisions of the Intellectual Property Code, and nothing herein grants you any rights in relation to our intellectual property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in our Intellectual Property. All rights not expressly granted in these conditions are expressly reserved.

​

​

Protection of personal data

​​

Internet users may be asked to provide certain personal data when completing the forms offered on the Site. This data must be entered in order for ESTER to process the Internet user's request.

 

ESTER undertakes to respect the provisions of Law No. 78-17 of 6 January 1978 relating to computing, files and modified freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as “GDPR” and take all necessary precautions to preserve the security of the personal information entrusted.

 

1. Data controller: ESTER processes the personal data of Internet users as data controller.
    

2. Personal data processed and purposes of processing: ESTER collects personal data on the Site from Internet users who have contacted it, in particular via the online contact form, by subscribing to the newsletter or by applying for a job offer. This data is necessary in order to respond to requests from Internet users. In order to provide its services, ESTER only processes the following personal data, which is strictly necessary for their contact request: surname, first name, email address, company name and telephone number.
   
   The purpose of processing this personal data is to allow ESTER to respond to requests from Internet users. ESTER keeps a written record of the processing of personal data processed on the Site.
    

3. Recipients of personal data: Personal data collected on the Site is processed solely by members of the ESTER team. The vast majority of personal data is stored on hosting servers located in the European Union, with the exception of the ESTER emailing service, which is hosted in the United States by Microsoft. Internet users are informed that their personal data will be subject to the same protection as that required in Europe insofar as Microsoft is obliged to comply with the RGPD concerning the personal data of European citizens.
    

4. Duration of retention of personal data: ESTER undertakes to retain this personal data, unless otherwise required by law or regulation, for a maximum period of three years from the last contact with the Internet user, whether at the initiative of the ESTER company or the Internet user (e.g. sending the newsletter). At the end of this period or in the event that Internet users exercise their rights, ESTER undertakes to destroy any copies of Internet users' personal data that it may hold.
    

5. Security of personal data: ESTER undertakes, as part of its obligation of means, to take all necessary precautions and implements appropriate technical and organisational measures to guarantee an appropriate level of security and to protect Internet users' personal data against alteration, destruction and unauthorised access.
    

6. Internet users' rights regarding their personal data: Internet users may exercise their rights of access, rectification, deletion, opposition, limitation of processing, portability of their personal data, the right not to be the subject of an automated individual decision and the right to revoke their consent concerning the personal data they provide. To exercise any of these rights, please send your request by email to the following address: contact@esterfinance.com
   
   ESTER undertakes to respond as quickly as possible and at the latest within one month of receipt of the request.
   
   If Internet users consider that the processing of their personal data constitutes a breach of the legislation in force, they may lodge a complaint with the CNIL.
    

7. Confidentiality of personal data: ESTER guarantees the confidentiality of personal data processed and ensures that persons authorised to process said personal data also undertake to respect this confidentiality obligation.
    

​

Cookies and links to third-party sites

​

The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, the links they contain, or any changes or updates to them. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. If we add links to other websites, this does not mean that we approve their owners or their content.

 

Browsing the Site may result in cookies being installed on the user's computer. The data obtained by means of these cookies is intended to facilitate subsequent browsing of the Site and is used to measure the number of visitors to the Site. Users of the Site can deactivate cookies by going to their browser options.

​

Limitation of liability
 

1. ESTER takes every precaution to ensure that the information it provides is as accurate as possible. ESTER does not guarantee that this information is accurate, exhaustive or up to date, and accepts no liability if this is not the case. Under no circumstances do the valuations and information provided by ESTER constitute investment advice. This information also does not represent a solicitation, recommendation or invitation to buy or sell financial products. ESTER's ideas and opinions have no predictive power over market trends. Before acting on these opinions or ideas, you should decide whether they are applicable to your own situation, your management objectives, and your regulatory and tax situation. ESTER declines all responsibility for the use that the Client or third parties may make of the information, results and analyses provided by ESTER. In any event, the liability of ESTER and its representatives for any damage or loss suffered is limited to the fees invoiced and paid for an assignment.
    

2. ESTER declines all responsibility for any malfunctions that may occur on the Site and result in the loss of data or unavailability of access to information produced on the Site. ESTER cannot guarantee the completeness and accuracy of the information on the Site or that it has not been modified by a third party (intrusion, virus). Internet users are solely responsible for their use of the Site's content.
    

3. The elements presented on the Site are subject to change without notice and are made available to Internet users without any express or implied guarantee of any kind.
    

4. The presence of hypertext links on the Site does not create joint responsibility between ESTER and the owners of the other sites, as regards the content of the sites to which the Internet user is redirected. The said sites alone may be held liable.
    

5. To the fullest extent permitted by applicable law, we deny all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, a business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its content, (ii) the use, inability to use or the results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
    

6. The Services, our intellectual property and all documents, information and content provided in connection therewith which are made available to any user free of charge are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty as to the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not guarantee that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates.
   
    

Modification if the Conditions or Services; Interruption
 

1. We reserve the right to amend these Conditions whenever necessary, at our sole discretion, to reflect changes in the law or additional features we may introduce, or as part of the development of our business. You should therefore consult these Conditions regularly and, in any event, if and when you create a Member's Account. The new Conditions will apply to any new use of the Service by you after their date of entry into force.
    

2. Within the limits of explicit commitments arising from contracts concluded with third-party companies, we may modify the Services, cease to provide the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason without liability. We will inform you of this sufficiently in advance if this is possible under the given circumstances and we will take reasonable account of your legitimate interests when taking such action.
   
    

Applicable law
 

These Conditions are governed by and construed in accordance with the laws of France, excluding its conflict of laws rules.


Miscellaneous

​

1. No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
    

2. The headings used in these Conditions are for convenience only and have no legal effect.
    

3. Unless otherwise specified, if any part of these Conditions is held to be illegal or unenforceable for any reason, it is agreed that such part of these Conditions shall be severed and the remaining terms of these Conditions shall not be affected and shall remain in full force and effect.
    

4. By accepting the Conditions, you undertake not to contest the evidential value of documents exchanged via the Site, on the basis of their electronic nature. Computerised registers are considered as proof of communications, orders and payments made between us.
    

5. Your acceptance of the Conditions constitutes an agreement of proof within the meaning of Section 1368 of the Civil Code.
    

6. You may not assign your agreement with us under these Conditions, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
    

7. The provisions of these Conditions, which by their nature are intended to survive any action by us, will survive, including but not limited to the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.
   
    

Contact
 

If you have a claim, ESTER can be contacted as follows:

By post: 39 rue des Mathurins – 75008 Paris

By telephone on 01 70 60 72 32

By email: elsa.sitruk@esterfinance.com stephane.kourganoff@esterfinance.com  

 

ESTER undertakes to acknowledge receipt of a claim within 10 days of its receipt and to respond to it, at the latest, within 60 days.

 

In addition, we would like to remind you of the contact details of the relevant mediating bodies in the event of failure to settle a dispute following receipt of a response from ESTER that is considered unsatisfactory:

 

In respect of the activity of Financial Investment Adviser:

The Ombudsman

Autorité des marchés financiers

17, place de la Bourse

75 082 Paris cedex 02

http://www.amf-france.org

​
 

​