Page informatives

Privacy Policy

Charter on the Protection of Personal Data of Users

1. Definition and Nature of Personal Data

When using the site https://www.clubfunding.eu (hereinafter: the "Site") and when accessing the services of CLUBFUNDING (hereinafter, the "Services"), (i) as investors wishing to carry out financial transactions (hereinafter: the "Investors") or (ii) as project holders wishing to have their projects financed by Investors (hereinafter: the "Project Holders"), we may ask you to provide us with personal data about you in order to use the services we offer (hereinafter, the "Services").

For the purposes of this charter, the term "personal data" refers to any data that allows an individual to be identified, which includes:

For Investors: your name, surname, postal and email addresses, proof of address, phone numbers, date of birth, national ID card or passport, asset status, income-related information, your bank details (RIB), as well as any other information you choose to provide to us.

For Project Holders: your name, surname, postal and email addresses, proof of address, phone numbers, date of birth, national ID card or passport, asset status, income-related information, marital status, number of people in your household, number and age of children in the household, your profession, bank details (RIB), information about any offenses you may have committed, as well as any other information you choose to provide to us.

2. Purpose of This Charter

This charter aims to inform you about the measures we implement to collect your personal data, with the strictest respect for your rights.

We would like to inform you that we comply, in the collection and management of your personal data, with Law No. 78-17 of January 6, 1978 on Information Technology, Files, and Freedoms, in its current version (hereinafter: the "Data Protection Law"), as well as Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter: the "GDPR").

3. Identity of the Data Controller

The data controller for your personal data is CLUBFUNDING, a simplified joint-stock company with a single partner, registered with the Paris Trade and Companies Register under number 807 764 980, with its registered office at 19 rue Cambacérès – 75008 Paris (hereinafter: "We").

4. Contact Point for Data Protection

We have appointed a contact point for data protection, whose contact details are as follows: rgpd@clubfunding.fr.

5. Collection of Personal Data

The legal basis for our collection of your personal data is as follows:

  • (i) Legitimate interest when you voluntarily provide personal data during your visit to our Site, with the data being collected to help us better respond to your information requests about our Services and to follow up on your requests to exercise your rights under the GDPR.
  • (ii) Your consent regarding the cookies described in our Cookie Policy attached.
  • (iii) This collection is necessary to execute the contract concluded when you use our Services.
  • (iv) The processing of your data may also be necessary to comply with a legal obligation to which we are subject.

Your personal data is collected to meet one or more of the following purposes:

  • (i) Manage your access to certain services available on the Site and their use,
  • (ii) Carry out operations related to the management of Investors and Project Holders concerning financial transactions, follow-ups with Investors and Project Holders,
  • (iii) Create a database of users, clients, and prospects,
  • (iv) Send newsletters, solicitations, and promotional messages. If you do not wish to receive them, we give you the option to express your refusal at the time of data collection,
  • (v) Develop commercial statistics and Site traffic analysis,
  • (vi) Manage reviews of the Services provided,
  • (vii) Manage outstanding payments and potential disputes regarding the use of our Services,
  • (viii) Personalize responses to your information requests,
  • (ix) Comply with our legal and regulatory obligations,
  • (x) Respond to requests within the recruitment process,
  • (xi) Respond to your requests to exercise your rights under the GDPR.

We inform you, at the time of data collection, whether certain data is mandatory or optional. Mandatory data is necessary for the functioning of the Services. For optional data, you are free to provide it or not. We also inform you of any potential consequences of not providing certain information.

We also inform you that we may collect your data indirectly from our business partners (members of the PROFINA group, wealth management advisors, and business introducers).

6. Recipients of Collected Data

Access to your personal data will be granted to:

(i) Our company’s staff, departments responsible for control (e.g., statutory auditors),

(ii) Our service providers: hosting provider, CRM provider, emailing provider, online project management provider, as well as our payment service provider "Treezor" whose privacy policy you can view here: https://www.treezor.com/fr/politique-de-confidentialite/. CLUBFUNDING is a payment service agent for Treezor.

Also, public bodies may be recipients of your personal data, exclusively to comply with our legal obligations, as well as judicial officers and agencies responsible for debt recovery.

7. Transfer of Personal Data

Your personal data will not be sold, rented, or exchanged for the benefit of third parties.

8. Retention Period of Personal Data

(i) Regarding the management of Investors, Project Holders, and prospects:

Your personal data is retained for the duration strictly necessary to manage our business relationship with you.

For potential marketing operations aimed at you, your data may be retained for up to 3 (three) years from the end of the business relationship.

Data used to establish proof of a right or contract, which must be retained to comply with a legal obligation, will be retained for the duration specified by applicable law (5 years in accordance with Article L 561-12 of the French Monetary and Financial Code).

Personal data about a prospect (non-client) may be retained for 3 (three) years from the date of collection or the last contact from the prospect.

At the end of this 3-year period, we may contact you to ask if you wish to continue receiving commercial solicitations.

(ii) Regarding identification documents:

In the event of the exercise of access, rectification, or opposition rights, the data related to identification documents will be retained only for the time necessary to verify your identity.

(iii) Regarding invoices:

Invoices are retained for a period of 10 (ten) years to comply with our accounting obligations under Article L. 123-22 of the French Commercial Code.

(iv) Regarding the management of opt-out lists for marketing communications:

Information used to manage your right to opt-out is retained for at least 3 (three) years from the exercise of the opt-out right.

(v) Regarding the management of your requests to exercise your rights under the GDPR:

Information allowing us to manage your requests under the GDPR will be retained for 2 (two) years from the request.

9. Security

We inform you that we take all necessary precautions, organizational measures, and appropriate technical measures to preserve the security, integrity, and confidentiality of your personal data, especially to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

10. Hosting

We inform you that your data is stored on servers of OVH and AWS during the entire retention period.

Therefore, your data may be transferred outside the European Union as part of the services we provide.

11. Transfer Outside the European Union

As part of the tools we use (see Article 6 regarding recipients and subcontractors), your data may be transferred outside the European Union. The transfer of your data in this context is secured through the following tools:

Either the data is transferred to a country deemed to provide adequate protection by a decision of the European Commission;

Or we have signed specific contracts with our subcontractors regulating the transfers of your data outside the European Union, based on the standard contractual clauses between a data controller and a processor approved by the European Commission.

12. Cookies

For more information on cookies, please refer to our Cookie Policy attached.

13. Access, Rectification, and Erasure of Your Personal Data

Under Law No. 78-17 of January 6, 1978, on Information Technology, Files, and Freedoms, and the GDPR, you have the right to obtain access to, and, if necessary, rectification or erasure of data concerning you. You can also contact:

  • Email address: rgpd@clubfunding.fr

  • Postal address: ClubFunding – 19 Rue de Cambacérès – 75008 Paris

It is reminded to individuals whose data is collected on the basis of our legitimate interest, as mentioned in the "Collection of Personal Data" section, that they may oppose the processing of their data at any time. However, we may continue processing if there are legitimate grounds for the processing that override your rights and freedoms or if the processing is necessary for the establishment, exercise, or defense of legal claims.

14. Right to Define Directives for Data Processing After Your Death

You have the right to define directives regarding the retention, deletion, and communication of your personal data after your death.

These directives can be general, covering all personal data concerning you, and must be registered with a certified digital trust third party by the CNIL.

Directives can also be specific to the data processed by our company. You should send them to us using the following contact details:

  • Email address: rgpd@clubfunding.fr

  • Postal address: ClubFunding – 161 Rue de Courcelles – 75017 Paris

By providing us with such instructions, you expressly consent to these instructions being stored, transmitted, and executed in accordance with the provisions set forth herein.

You may designate a person to execute your instructions. This person will then be authorized, upon your death, to access said instructions and request their implementation. If no person is designated, your heirs will have the authority to access your instructions upon your death and request their implementation.

You may modify or revoke your instructions at any time by writing to us at the contact details provided above.

15. Portability of your personal data

You have the right to the portability of the personal data you have provided to us, understood as the data you have actively and consciously declared when accessing and using the Services, as well as the data generated by your activity within the use of the Services. We remind you that this right does not apply to data collected and processed on a legal basis other than consent or the execution of the contract between us.

This right may be exercised free of charge, at any time, particularly when closing your account on the Site, in order to retrieve and retain your personal data.

In this regard, we will send your personal data to you, by any means deemed useful, in an open standard format commonly used and machine-readable, in accordance with the state of the art.

16. Filing a complaint with a supervisory authority

You are also informed that you have the right to file a complaint with a competent supervisory authority (the National Commission for Information Technology and Liberties for France), in the member state where you habitually reside, work, or where the violation of your rights occurred, if you believe that the processing of your personal data under this policy constitutes a violation of applicable laws.

This remedy may be exercised without prejudice to any other remedy before an administrative or judicial authority. Indeed, you also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data under this policy constitutes a violation of applicable laws.

17. Limitation of processing

You have the right to obtain the limitation of the processing of your personal data in the following cases:

  • During the verification process we implement when you dispute the accuracy of your personal data.
  • When the processing of these data is unlawful, and you wish to limit this processing rather than delete your data.
  • When we no longer need your personal data, but you wish to retain it to exercise your rights.
  • During the period of verification of legitimate grounds when you have objected to the processing of your personal data.

18. Modifications

We reserve the right, at our sole discretion, to modify this policy at any time, in whole or in part. These modifications will take effect upon the publication of the new policy. Your continued use of the Site after the effective date of these modifications will constitute acknowledgment and acceptance of the new policy. If you do not agree with this new policy, you should no longer access the Site.

19. Effective date

This policy came into effect on 26/11/2020.