Terms of Service

Definitions

Client: any capable professional or natural person, as defined in Article 1123 et seq. of the French Civil Code, or legal person, visiting the Website under general conditions set forth hereinafter.

Benefits and Services:https://www.private-equity-run.com makes the following available to the Clients

Content:all elements providing information on the Website, including texts, images, video etc.

Client information (hereinafter “Information”): all personal data which may be kept by Avena Event for the management of client accounts and client relations and for analytical and statistical purposes.

User:any web user visiting the Website.

Personal Data:“Any information relating to a natural person who is or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to them” (Article 4 of Act N°78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties).

The terms “personal data”, “data subject”, “provider” and “sensitive data” share the same definitions as in the General Data Protection Regulation (GDPR 2016/679).

1. Presentation of the Website (https://www.private-equity-run.com)

Pursuant to Article 6 of Act N°2004-575 of 21 June 2004 on confidence in the digital economy, users of https://www.private-equity-run.com are informed of the identity of the various parties involved in the creation and monitoring of the website:
Owner: SAS Avena Event – Share capital: €10,000 – VAT number: FR86519318463 – 33 rue du Général Leclerc 92130 Issy-les-Moulineaux
Publishing director: Laurent STURTZ – contact@avena-event.fr
The publishing director is a natural or legal person.
Webmaster: Bastien BÉRENGUIER – bastien.berenguier@gmail.com
Hosting provider: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data protection officer: Laurent STURTZ – contact@avena-event.fr
This document is an English translation of the French Terms of Service provided by Orson.io for free.

2. General conditions of use and services

The Website is an intellectual creation protected by the provisions of the French Intellectual Property Code and the applicable international regulations. The Client cannot, under any circumstance, use, reuse or assign any of the Website’s elements or operations on their own behalf.

Using https://www.private-equity-run.com implies full and unconditional acceptance of the general conditions of use set forth hereinafter. As the conditions of use may be amended or completed at any time, users of the Website are advised to check them regularly.

https://www.private-equity-run.com is normally accessible to all users at any time. Avena Event may, however, decide to interrupt access for technical maintenance and will, to the best of its ability, warn users about the date and time of the interruption beforehand. The Website is regularly updated by its owner. The Terms of Service may also be amended or completed at any time, but remain binding on the user, who is therefore advised to check them as often as possible.

3. Description of the services

The purpose of the Website is to provide information regarding all Private Equity Run activities. The Website constantly endeavors to ensure that the information provided is as accurate as possible. However, Avena Event shall not be held liable for any omission, inaccuracy or deficiency when updating the Website, whether it comes from its own doing or from third parties providing this information.

All information provided on https://www.private-equity-run.com is given on an indicative basis and may be subject to change. The information given on https://www.private-equity-run.com is not exhaustive. They may have received amendments since its online publication.

4. Contractual restrictions regarding technical data

https://www.private-equity-run.com uses JavaScript and shall not be held liable for any hardware damage that may result from its use. Moreover, the user agrees to use the Website with recent hardware, a virus-free operating system, and an up-to-date browser. The Website’s hosting provider resides on European Union territory in accordance with the provisions of the General Data Protection Regulation (GDPR 2016/679).

The objective is to provide benefits with the best accessibility rate possible. The hosting provider commits to ensuring uninterrupted service all day and all year long. However, the hosting provider reserves the right to interrupt its hosting services during the shortest period possible, for reasons such as maintenance, infrastructure improvement, infrastructure failure or abnormal traffic generated by its Benefits and Services.

Avena Event and the hosting provider shall not be held liable for any network, phone line or hardware failure that may result from problems such as network congestion preventing server access.

5. Intellectual property and counterfeiting

Avena Event owns the intellectual property rights and the rights of use of all the elements available on the Website, including texts, images, graphics, logos, videos, icons and sounds. Reproduction, representation, modification, publication or adaptation of any of the Website’s elements, whatever the mean or method, is forbidden, save where expressly and previously authorized in writing by Avena Event.

Any unauthorized use of the Website or of any element it contains shall be deemed to constitute an infringement and subject to legal proceedings in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Liability restrictions

Avena Event acts as the Website’s publisher. Avena Events shall therefore be held liable for the quality and truth of the published Content.

Avena Event shall not be held liable for any direct or indirect damage that may be caused to the User’s hardware when visiting the Website and that may result from the use of hardware that does not comply with specifications set forth in section 4, or from any bug or incompatibility problem.

Avena Event shall not be held liable for any indirect damage (such as market or opportunity loss) occurring when using https://www.private-equity-run.com. Interactive pages (Users can ask questions on the Contact Us page of the Website) are available to Users. Avena Event reserves the right to delete, without prior formal notice, any content published on these pages that may contravene the French legislation, including any provision related to data protection. If need be, Avena Event also reserves the right to hold the User’s civil and/or criminal responsibility liable for publishing content such as racist, insulting, libelous or pornographic messages, whatever the format (text, pictures etc.).

7. Personal Data management

The Client is hereby informed of the existing regulations on marketing communication: Act N°2004-575 of 21 June 2004 on confidence in the digital economy, amended Act N°78-17 of 06 August 2004 on information technology, data files and civil liberties, and General Data Protection Regulations (GDPR 2016/679).

7.1 Personal Data processing and collecting officer

The Personal Data processing officer in charge of Personal Data collection for the creation of User accounts and for Website browsing is Avena Event, with Laurent Sturtz acting as its legal representative.

As data collecting and processing officer, Avena Event shall observe all applicable legal provisions. Avena Event is also required to state the purpose of its Personal Data collecting and processing operations, to ask Clients and Users for their consent regarding Personal Data collection, to provide full information regarding Personal Data processing and to keep consistent and factual records of all Personal Data collecting and processing operations. Avena Event always processes Personal Data that is relevant and pertinent to the purpose of its processing operations.

7.2 Data collecting and processing purpose

Avena Event may process all or part of the Personal Data:
• to allow Website browsing as well as tracking and management of the Benefits and Services requested by the User: Website connection and usage data, billing, order history etc.
• to prevent and fight IT fraud (spamming, hacking etc.): browsing software, IP address, password (hashed) etc.
• to improve the Website browsing experience: connection and usage data
• to conduct facultative surveys regarding satisfaction with https://www.private-equity-run.com: email address
• to conduct communication campaigns (text, email): phone number, email address ; Avena Event does not sell your Personal Data and only uses it when needed or for statistical or analytical purposes.

7.3 Right of access, rectification and opposition

Pursuant to the applicable European regulations, Users of https://www.private-equity-run.com have the following rights:
• right of access (GPDPR, Article 15), rectification (GDPR, Article 16), upgrading, completing, locking or erasing their Personal Data (GDPR, Article 17) if they are incorrect, incomplete, equivocal, outdated or if collecting, processing, communicating or keeping them is forbidden
• right to withdraw consent at any time (GDPR, Article 13-2c)
• right to restriction of User data processing (GDPR, Article 18)
• right to object to User data processing (GDPR, Article 21)
• right to data portability when said data is subject to automatic processing based on the User’s consent or on an agreement (GDPR, Article 20)
• right to decide of the data usage after the User’s death and to choose the third party who Avena Event shall communicate (or not communicate) said data to. As soon as Avena Event is informed of a User’s death and without any specific instruction from them, Avena Event shall destroy all data, unless said data shall be kept to serve probative purposes or legal obligations.

If the User wants to know how Avena Event uses the Personal Data collected on its Website, to request a rectification or to oppose to the processing of their Personal Data, they need to write to Avena Event at the following address:
Avena Event – DPO, Laurent STURTZ
33 rue du Général Leclerc
92130 Issy-les-Moulineaux.

In this letter, the User must indicate which Personal Data Avena Event should rectify, update or erase. The User must also identify themselves clearly by joining the copy of a proof of identification (ID or passport).

Any request to erase Personal Data will be subject to any legal obligations binding on Avena Event, especially in terms of document keeping and archiving. Finally, Users of https://www.private-equity-run.com can file a complaint to the appropriate enforcement authorities, such as the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of Personal Data

Avena Event is not allowed to process, keep or transfer Information about its Clients to any country outside the European Union or labeled as “non-suitable” by the European Commission without prior notice to the Client. However, Avena Event is free to choose its technical and commercial service providers as long as they comply with the General Data Protection Regulations (GDPR 2016/679).

Avena Event shall take all necessary precautions in order to preserve the security of these Information and make sure that they do not become available to unauthorized parties. If Avena Event is informed of an incident impacting the integrity or confidentiality of the Client’s Information, Avena Event shall inform the Client as soon as possible and let them know what measures have been taken. Avena Event does not collect any sensitive data.

The User’s Personal Data can be processed by Avena Event’s subsidiaries or service providers within the restrictions of the Terms of Service set forth here.

The persons who are mainly susceptible of accessing the Personal Data of https://www.private-equity-run.com users, within the restrictions of their own role and the purpose restrictions listed hereinabove, are Avena Event’s customer service agents.

8. Incident notification

No matter how hard one may try, no online transmission or electronical storage system is entirely safe. Therefore, no one can guarantee full security. When informed of any security breach, Avena Event will notify the concerned User(s) so that they can take they appropriate measures. Avena Event’s incident notification process takes into consideration both national and European legal obligations on this matter. Avena Event shall provide full information to its Clients regarding the security of their account and how they can fulfill their legal duty to report any security breach.

No Information of https://www.private-equity-run.com users can be published, exchanged, transferred, assigned or sold in any format to any third party without the User being aware of it. Only in the case of https://www.private-equity-run.com and all its rights being purchased could said Information be transferred to the buyer, who would therefore be subject to the aforementioned restrictions regarding the data of the Website users.

Security

To guarantee the security and confidentiality of all Personal Data, the Website uses networks that are protected by standard security systems such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, the Website takes all the reasonable measures to avoid any loss, misuse, unauthorized access, divulgation, alteration or destruction of said data.

9. Hyperlinks, cookies and tags

https://www.private-equity-run.com uses a number of hyperlinks to other sites, with authorization from all involved parties. However, Avena Event is not able to verify the entire content of all linked websites and shall not be held liable for any related issue.

Unless the User decides to disable cookies, they agree to let the Website use them. Cookies can be disabled at any time and for free, using the available options that are listed hereinafter, even though it might restrain or prevent access to all or part of the Website and Services.

9.1. 9.1 Cookies

A cookie is a small information file sent to the User’s browser and saved on the User’s device (computer, smartphone etc.). This file holds information such as the User’s domain name, Internet provider, operating system as well the date and time of access to the Website. Cookies are harmless and will not damage the User’s device.

Avena Event might process Information regarding the User’s connection to the Website, pages visited or searches made. This information allows Avena Event to improve the Website’s content and the User’s browsing experience.

Since cookies are designed to improve the Website’s browsing and/or service providing, the User is free to configure their browser to be asked if they agree to have cookies saved on their device or to disable them automatically or depending on the Website they visit. The User can also configure their browser to have the option to able or disable cookies before any cookie is saved on their device. Avena Event would like to inform Users that disabling cookies may affect some of their browser’s features.

If the User disables cookies on their device or browser, or if the User deletes all saved cookies, they are informed that their browsing experience might be limited. This might also happen in case of any technical incompatibility between https://www.private-equity-run.com or one of the Website’s service providers and the User’s browser, display and language settings or country in which the device seems to be connected to the Internet.

In this case, Avena Event shall not be held liable for any consequences related to the poor functioning of the Website and its Services resulting from the disabling of cookies by the User or the Website’s inability to save or open the cookies that are necessary to its proper functioning. Each browser offers different configuration setting regarding cookie management and browsing options. They are available in the Help section of the browser and will let the User decide how they want cookies to be managed.

The User can decide to express or change their cookie management choices at any time. Avena Event may also request the service of external providers to collect and process the Information described here.

Finally, clicking the dedicated social network icons (Twitter, Facebook and LinkedIn) that are available on https://www.private-equity-run.com or on the phone app of https://www.private-equity-run.com, if the User has agreed to the use of cookies by browsing the Website or phone app, may lead Twitter, Facebook and LinkedIn to also save cookies on the User’s device (computer, tablet, mobile phone).

Cookies will not be saved on the Users’ devices unless they agree to it by browsing the Website or the phone app of https://www.private-equity-run.com. However, the User can decide to disable cookies from the Website and the phone app at any time.

9.2. 9.2 Tags

https://www.private-equity-run.com may sometimes use tags and implement them via a partnership with a Web analysis specialist, who may reside (and therefore store the information concerned, including the User’s IP address) in a foreign country.

These tags are present in online advertisements that lead Users to the Website and on all of the Website’s pages.

The external provider may collect information about the Website’s Users thanks to these tags in order to establish Website activity reports for Avena Avent and to provide other services related to the Website’s usage or other online activities.

10. Applicable law and jurisdiction attribution

Any litigation related to the use of https://www.private-equity-run.com is subject to the French law. Excluding cases that prevent it, the competent courts in Paris, France, shall have exclusive jurisdiction.