TERMS OF USE

Entered into force on 1st November 2010
Last modification: 6th June 2018

1. INTRODUCTION

1.1. The website MICROWORLD accessible at http://microworld.org is operated by ABC Microfinance, a simplified joint stock company with a registered capital of 2 598 200 Euro, Nanterre Trade Register number 502 860 919, with a registered office located at 14, impasse Carnot 92240 Malakoff, contactable by telephone at 01 71 16 21 25, (from Monday to Friday) or by e-mail at contact@microworld.org.

1.2. The MICROWORLD website offers a technical interface which enables:
- users to access and share information regarding co-development and more specifically microfinance;
- Microfinance institutions “MFIs” to present projects for micro entrepreneurs who are in search of funding (“PROJECTS”).

1.3. Users have the option to save or edit the present general conditions, as well as the loan contract which may be concluded on line, using the standard functions of their browsers or computers.

1.4. MicroWorld edited by ABC Microfinance is registered as Intermediary in Crowdfunding to ORIAS under the n°17005376.

2. DEFINITIONS

2.1. The terms defined below will be understood by the contracting Parties as follows:

- “personal data”: information relative to an identified individual, or an individual who can directly or indirectly be identified (full name, date of birth…)

- “operator”: the editor of the site accessible at the following URL address: http://www.microworld.org;

- “service(s)”: all the on-line services offered to users;

- “web site” or “Internet site” or “site”: an electronic service operated by ABC Microfinance on the Internet network and accessible via the URL address: http://www.microworld.org

- “user”: any person accessing the site.

3. OBJECTIVE

3.1. The objective of the present general conditions is to grant users, on an exclusive and non transferrable basis, the right to access and use this site.

4. OPPOSABILITY OF GENERAL CONDITIONS

4.1. The present general conditions of use are "opposable to the user" simply through his use of the web site. This use implies, in all cases, that the user accepts the general conditions in force.

4.2. The general conditions displayed on-line on the web site thus prevail over any other prior printed version.

5. CAVEATS

5.1. The web site user must:

- Only use the services and information to which he has access in accordance with the sole conditions defined by the operator;
- Ensure that he does not interfere with other users’ usage of the site;
- Ensure that he does not commit any act which might jeopardize the security of the operator’s computer or that of other users.

5.2. The user is informed that although the website operator makes every effort to provide users with information which has been verified and updated, the website operator cannot guarantee that all the information diffused on the website is correct or up to date.

6.CONNECTION

6.1. In order to use the service online, the user must have an internet connection. All expenses regarding the user’s subscription and/or telephone communications regarding the connection to the web site remain the user’s sole responsibility.

7. AVAILABILITY

7.1. The website is accessible to all users 24 hours a day / 7 days a week. However, the operator may not be held responsible for any interruptions in the service whether intentional or not.

7.2. The operator reserves the right, without prior notice or compensation, to close the web site or access to one or more services temporarily or definitively, in order to carry out updates or modifications or to change operating methods, servers, times of access, this list being non exhaustive.

7.3. The operator also reserves the right to carry out all modifications or improvements he judges necessary or beneficial with regard to the performance of the site and its associated services.

8. CONTACT - ASSISTANCE

8.1. For all information or queries relating to the use of the services, the user may contact a member of the operator’s staff:

- via the “Contact” section;
- by e-mail: contact@microworld.org
- by telephone on 01 71 16 21 25 (from Monday to Friday - 10h to 17h);
- by post at the following address: ABC Microfinance 14, impasse Carnot 92240 Malakoff.

9. RESPONSIBILITY

9.1. For all phases of access to his web site and all other services provided following registration, the operator is obliged only to apply due diligence.

9.2. The operator may not be held responsible for any breach of the present general conditions by another user nor for the infringement of users’ rights in general.

9.3. The operator may not be held responsible in the case of any damage caused indirectly by the use of the remote services. Indirect damage includes notably any losses of data, time, profits, turnover, margins, orders, clients, operations, income or marketing operations as well as any prejudice to trademarks, expected profits or action taken by third parties.

9.4. The operator may not be held responsible for any nuisance or damage inherent to the usage of the internet, such as disruptions in service, outside intrusion, violation of computer security, the presence of computer viruses or any event considered by the courts as force majeure.

10. INTELLECTUAL PROPERTY

10.1. The present general conditions do not include any type of transfer of intellectual property rights regarding elements belonging to the operator which are made available to the user.

10.2. The operator holds all intellectual property rights to the web site, including trademarks, drawings, images, texts, photos, logos, graphic charts, software, browsers, databases and domain names, this list being not exhaustive.

10.3. Any total or partial reproduction and/or representation of any one of these rights without the operator’s express authorisation, is prohibited and would constitute a counterfeit sanctioned by Articles L.335-2 and subsequent articles of the Intellectual Property Code.

10.4. Consequently, the user shall refrain from any activity which might directly or indirectly violate the intellectual property rights held by the operator or third parties.

11. PERSONAL DATA

11.1. Identity and contact details of the data processor

Personal data are collected on our site by ABC Microfinance SAS, a company registered with the Nanterre Trade and Companies Register under number 502 860 919, and whose registered office is 14, impasse Carnot, 92240 Malakoff, France.

11.2. Data collected on the site

When subscribing to our services, the following data are collected and processed: email, username, gender, first name, last name, password, language, postal address, country, tax residence, date and place of birth, nationality, payment currency and IP address(es).

The following data can be collected and processed: photo, lending reason, IBAN/BIC, identoty proof, proof of residence, profession, income bracket, telephone number.

By using our services, the following data are collected and processed: connection data, transaction history, contracts, refunds. Some data are collected automatically because of your actions on the site (see the paragraph on cookies below).

11.3. Purposes of processing and legal basis

The principal purpose of collecting personal data is to respect the French monetary and financial code including the fight against money laundering and the financing of terrorism and to provide an effective lending experience.

To this end, you agree and accept that we may use your personal data to:

  • provide our services and facilitate their operation, including verifications related to you;
  • resolve any problems in order to improve the use of our site and our services;
  • customize, evaluate and improve our services, content and materials;
  • analyze the volume and history of your use of our services;
  • inform you about our services and those of our partner companies;
  • prevent, detect and investigate any potentially prohibited and illegal activities or activities contrary to good practices, and ensure compliance with our Terms of Use;
  • comply with our legal and regulatory obligations.

For our newsletters we process your personal data on the basis of the explicit consent you have given for this purpose.

11.4. Newsletter and marketing emails

An unsubscribe link is included in every newsletter and email marketing we send.

11.5. Third party disclosures

The personal data collected on the site are intended for ABC Microfinance's own use and may be forwarded to partner companies that ABC Microfinance may call upon for the execution of its services. ABC Microfinance ensures compliance with data protection requirements for all its subcontracting companies.

ABC Microfinance does not sell or rent your personal information to third parties for marketing purposes.

In addition, ABC Microfinance will not disclose your personal data to third parties, unless:

  • you make the request or authorize the disclosure;
  • disclosure is required to process transactions or provide services you have requested;
  • ABC Microfinance is required to do so by a government authority or regulatory body, in the event of a judicial requisition, subpoena or any other similar government or judicial requirement, or to establish or defend a legal claim;
  • the third party acts as a subcontractor to ABC Microfinance in the execution of the services (for example, ABC Microfinance uses the services of an electronic money issuing company to held the platform funds).

11.6. Cookies/Tracking

As a general rule, ABC Microfinance uses cookies and tracking to improve and personalize its website and/or measure the audience. Cookies are files stored on your computer's hard drive when you browse the Internet and particularly on ABC Microfinance site. A cookie is not used to collect personal data without your knowledge but to record information relating to your browsing on the site that can be directly read by ABC Microfinance during your subsequent visits and requests on the site.

ABC Microfinance also uses analysis and tracking tools to measure data on websites and digital data to get an overview of its users and perform analyses on the browsing experience to improve content.

11.7. Your rights to data protection

In accordance with European General Data Protection Regulation 2016/679 (GDPR), you have the right to access, rectify and delete personal data concerning you, which you can exercise by contacting us via the contact details above. Your requests will be processed within 30 days. We may ask that your application be accompanied by a proof of identity or authority.

You can also modify your personal data at any time by logging into your account and clicking on "Personal Information".

11.8. Data retention

ABC Microfinance collects your personal data for the purposes of fulfilling its contractual obligations as well as information about how and when its services are used and store this data in active databases, log files or other file types as long as you use our services.

In accordance with article L561-12 of the French Monetary and Financial Code, ABC Microfinance keeps the documents and information, whatever the medium, relating to the identity of its clients for five years after the closing of accounts. ABC Microfinance also keeps, within the limits of their attributions, for five years after their execution, whatever the medium, the documents and information relating to the operations made by them, as well as the documents recording the characteristics of the operations mentioned in article L. 561-10-2.

11.9. Data storage location and transfers

The hosting servers on which ABC Microfinance processes and stores the databases are located exclusively within the European Union.

12. GENERAL CLAUSES

13.1. TRANSMISSION OF THE PRESENT DOCUMENTS

The present general conditions are freely transferable by the operator to any company directly or indirectly affiliated with it and/or any company which, in the case of a restructure of its capital or activities, would replace the operator in his rights and obligations, notably in the case of a split, a transfer resulting from a merger, a partial input of assets or a transfer of assets, the onus being on the transferee to take over the transferor’s obligations regarding the individual user.

13.2 GOOD FAITH

The parties agree to execute their obligations in good faith.

13.3. Headings

Should any difficulties in interpretation result from a contradiction between any of the headings figuring above the clauses or any of the clauses themselves, the headings will be considered non-existent.

13.4. Nullity

If one or several provisions of the present general conditions are considered invalid or declared so by application of law or ruling, or following a decision considered necessary by a competent jurisdiction, all other provisions will remain in force and retain their validity.

13.5. Applicable Law

The present general conditions are governed by French law.

This is the case for substantive laws and subsidiary laws, notwithstanding the place of execution of the substantive or subsidiary obligations.

13.6 Choice of Jurisdiction

IN THE CASE OF A DISPUTE BETWEEN THE OPERATOR AND A USER, THE POWER OF JURISDICTION IS EXPRESSLY ALLOCATED TO THE COURT FALLING WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING THE PLURALITY OF THE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE MEASURES, IN SUMMARY PROCEEDINGS OR BY PETITION.