POINTCO CAPITAL, composed of three entities POINTCO INVESTMENT, POINTCO ASSET MANAGEMENT and POINTCO HEALTHCARE, attaches great importance to the protection of the privacy and data of Site users.
The purpose of this Data Fidelity Policy is to inform users of the collection, use and sharing practices of their personal data and of their rights in relation to such data.
Are considered as personal data, any information relating to a natural person who can be identified directly or indirectly (e.g., surname, first name, identifier, e-mail address, location data etc.) (hereinafter “Personal Data(s)” or “Data(s)”).
Article 1 – General provisions relating to the fidelity of data.
Article 2 – General principles for the collection and processing of data
In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of Data from Users of the Site comply with the following principles:
Lawfulness, loyalty, and transparency: the data may only be collected and processed with the consent of the User who owns the Personal Data.
Minimization of data collection and processing: only the data necessary for the proper execution of the purposes pursued by the Site s are collected;
Retention of data reduced in time: the data is kept for a limited period, of which the user is informed. Where this information cannot be communicated, the user shall be informed of the criteria used to determine the retention period.
Integrity and confidentiality of data collected and processed: the Data Manager undertakes to guarantee the integrity and confidentiality of the Personal Data collected.
Article 3 – Basis for the collection and processing of data
Personal Data is processed by POINTCO CAPITAL in the cases authorized by the regulations in force, and in particular under the following conditions:
The user has given free, specific, informed and unambiguous consent to the processing of his Personal Data (it is specified that for minors under 18 years of age, consent must be given by the legal representative).
The processing is necessary for the performance of a contract or pre-contractual measures at the request of the User.
The processing is necessary to comply with legal and/or regulatory obligations imposed on POINTCO CAPITAL (such as the fight against fraud).
The processing is justified by the protection of legitimate interests of POINTCO CAPITAL (such as the protection of the security of its computer network).
Article 4 – Personal data collected.
Only relevant, adequate Personal Data limited to what is necessary for the following processing purposes are collected: [list below to be completed/specified/modified]
Management of contacts
Site statistics and personalized advertising;
Creation and management of customer accounts.
Improvement of the services offered on the s Site.
Sending newsletters or informative or commercial alert emails.
Insertion of comments or images on the s site.
Detection of unwanted comments.
Participation in surveys or analyses to improve the relationship and customer experience set up by POINTCO CAPITAL.
Guarantee of access and navigation of User son the s Site.
Improving the efficiency and functionality of the Sites.
By spontaneously communicating his Personal Data, the User expressly consents to the collection and processing of his data for the purposes brought to his attention.
Users may browse the Site without the need to communicate any Personal Data concerning them. However, users are required to provide nominative information when this is necessary for the performance of certain services, such as filling out a contact form to obtain more information on the services offered.
In this case, the personal information of the Users required is: (i) Name(s) and (ii) E-mail address(es).
This Personal Data is then kept for the time necessary to fulfill the request of the users. In the absence of concrete implementation, they are deleted within the deadlines recommended by the CNIL, i.e., after three years from their collection by the s Site.
When using the Site or certain services related to the x Sites, certain user data are collected automatically: (i) IP address, (ii) reference of the browser software used, (iii) navigation data (date, time, content consulted, etc.), (iv) reference of the operating system.
Among the technologies used to collect this information, POINTCO CAPITAL may use “php” sessions that store the data of each User using a unique session identifier. These php sessions keep the data in memory only for the time of navigation.
The data collected during users’ navigation on the Site are deleted when the user’s browser closes, or, where applicable, within a maximum period of thirteen months from their collection.
Article 5 – Links to other websites
The Site may occasionally contain links to the websites of partners or third-party companies that have their own privacy and personal data protection policies.
Articles on this site may include embedded content (e.g., videos, images, articles…).
Content embedded from other sites behaves in the same way as if the user were visiting that other site.
POINTCO CAPITAL invites Users of the Sites to read the personal data protection policies implemented by the publishers of these sites before transmitting any personal information concerning them.
POINTCO CAPITAL has no control over the content of these sites and declines all responsibility for the use made by these sites of the information collected when Users click on these links.
Article 6 – Data retention period
POINTCO CAPITAL keeps Personal Data for the time necessary to accomplish the purposes pursued as indicated in Article 4 above.
Personal Data may be kept for a period corresponding to the duration of the contractual relationship or business relationship, plus limitation periods and exhaustion of remedies, and legal archiving periods.
Article 7 – Recipient of the personal data collected.
The Personal Data collected by POINTCO CAPITAL is exclusively intended for POINTCO CAPITAL and its staff and will under no circumstances be marketed or rented to third parties. However, Personal Data may be transmitted to third party technical service providers of POINTCO CAPITAL, for the sole purpose of the proper functioning of the Site and the services offered via the Site.
Authorized personnel are subject to an obligation of discretion and confidentiality.
Article 8 – Transfer of data
The Personal Data collected from the users of the Site are exclusively kept in France and are not transferred within or outside the European Union.
In the event of recourse to affiliates or service providers located outside the European Union, POINTCO CAPITAL undertakes to verify that appropriate measures have been put in place so that the Personal Data of Data Subjects benefit from an adequate level of protection.
Article 9 – Data security
POINTCO CAPITAL collects and processes the Personal Data of Users with the utmost confidentiality and in compliance with applicable laws. Users are protected against unauthorized access, modification, disclosure, or destruction of their Personal Data.
When the disclosure of Personal Data to third parties is necessary and authorized, POINTCO CAPITAL ensures that these third parties guarantee the Personal Data concerned the same level of protection as that offered to them by POINTCO CAPITAL, and requires contractual guarantees so that, the Personal Data is exclusively processed for the purposes accepted by the Data Subject, with the required privacy and security.
POINTCO CAPITAL implements technical and organizational measures to ensure that the storage of Personal Data is secure for the duration necessary to exercise the purposes pursued in accordance with applicable law.
The attention of users is drawn to the fact that no transmission or storage technology is completely foolproof.
Also, and in accordance with the applicable regulations, in the event of a proven breach of Personal Data likely to generate a high risk for the rights and freedoms of the Users concerned, POINTCO CAPITAL will communicate this breach to the competent supervisory authority and to the Users concerned when required by said regulations, and in the manner provided for by said regulations.
Users should exercise caution to prevent any unauthorized access to their Personal Data and in particular to their computer and digital terminals (computer, smartphone, tablet in particular).
POINTCO CAPITAL advises users against uploading images to the Site containing EXIF GPS coordinate data due to the downloading and extraction of location data from these images.
Article 10 – Data controller
10.1 The data controller
POINTCO CAPITAL, a single-member limited liability company (hereinafter referred to as “POINTCO CAPITAL”), with a capital of €100,000, whose registered office is located at 10 rue de Penthièvre, 75008, Paris, registered with the Paris Trade and Companies Register under number 539 807 677 (intra-community VAT number: FR89539807677 ) is the controller of the processing of Personal Data implemented on the s Site, within the meaning of the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.
In order to ensure compliance with the applicable provisions and in accordance with its regulatory obligations, POINTCO CAPITAL has appointed a Data Protection Officer (DPO), in the person of to be defined that any User can contact at the email address: firstname.lastname@example.org or by post, at the following address: 10 rue de Penthièvre, 75008, Paris.
10.2 Obligations of the data controller
The controller undertakes to protect the data collected, not to transmit them to third parties without the user having been informed and to respect the purposes for which these data were collected.
In addition, the data controller undertakes to notify the User in the event of rectification or deletion of the data, unless this entails disproportionate formalities, costs, and procedures for him.
If the integrity, confidentiality or security of the User’s personal data is compromised, the controller undertakes to inform the User by any means.
Article 11 – Rights of users
POINTCO CAPITAL guarantees Users the respect of the rights provided for by Law No. 78-17 of 6 January 1978 as amended known as “Informatique et Libertés” and by Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data, and in particular the right for Users to decide and control the uses made of their Personal Data.
It is recalled that, in accordance with these regulations, Users have the following rights, subject to the limitations provided for by the laws and/or regulations in force.
11.1 Right of access to Personal Data
Each User has the right to obtain confirmation that Personal Data concerning him is being processed by POINTCO CAPITAL and to receive a copy in electronic form (for any additional copy, POINTCO CAPITAL shall be entitled to demand payment of fees based on the administrative costs incurred).
11.2 Right to erasure (“right to be forgotten”) and rectification of Personal Data
Each User has the right to request the erasure of Personal Data concerning him, and the right to request the rectification of Personal Data concerning him when it is erroneous or obsolete.
POINTCO CAPITAL undertakes to ensure compliance with this right as soon as possible and by default within thirty (30) days of the request made to it in sufficiently clear and unambiguous terms.
It is specified that POINTCO CAPITAL may retain certain Personal Data when required to do so by law or for legitimate reasons.
11.3 Right to object
Users may also object, for legitimate reasons, to the processing of personal data concerning them by POINTCO CAPITAL. Users must refuse to have their Personal Data used for certain purposes mentioned at the time of collection.
11.4 Right to limit the processing of Personal Data
Users have the right to request the limitation of the processing carried out on their Personal Data. This right applies only:
if the User disputes the accuracy of his Personal Data.
if the User can establish that the processing of Personal Data concerning him is unlawful and requires a limitation of its use rather than erasure.
if POINTCO CAPITAL no longer needs the Personal Data relating to the User but these are still necessary for the User for the establishment, exercise, or defense of his legal claims.
if the user objects to processing based on the legitimate interest of the controller, while the legitimate grounds pursued by the controller prevail over those of the controller.
11.5 Right to lodge a complaint with a supervisory authority.
If they consider that the efforts made by POINTCO CAPITAL to preserve the confidentiality of Personal Data do not guarantee the respect of their rights, Users have the possibility to lodge a complaint with the competent supervisory authority (CNIL or any other authority mentioned on the list available from the European Commission).
11.6 Right to portability of Personal Data
Users have the right to the portability of their data, authorizing them to obtain from POINTCO CAPITAL the Personal Data concerning them in a structured, commonly used and machine-readable format and to request that this Personal Data be transmitted to another controller.
11.7 Right to decide the fate of Personal Data after death.
The User may define guidelines relating to the storage, erasure and communication of his Personal Data after his death. In the absence of having appointed a person responsible for carrying them out, the directives will be communicated to his heirs who will carry them out. The user may amend or revoke its directives at any time.
11.8 Conditions for exercising rights
Users may exercise all their rights electronically by sending their request to the following address: email@example.com orby post, to the following address: 10 rue de Penthièvre, 75008, Paris.
It is specified that to help them exercise their rights, the CNIL makes available on its website model letters (<www.cnil.fr>).
Before processing the Users’ request(s), POINTCO CAPITAL may verify the identity of the Users by asking them for proof of identity.
POINTCO CAPITAL will respond to the request as soon as possible and in any event within one (1) month from the proof of identity to respond.
If necessary, this period may be extended by two (2) months in view of the complexity and number of requests addressed to POINTCO CAPITAL, which then undertakes to inform the User concerned of the extension and the reasons for the postponement.
Article 12 – Contact
by sending a letter to the following address: POINTCO CAPITAL, 10 rue de Penthièvre, 75008, Paris.
by sending an e-mail to firstname.lastname@example.org.
or by filling in the online contact form by clicking on the “CONTACT” tab at the top right.
Article 13 – Applicable law and remedies
This Data Policy is governed, interpreted, and enforced in accordance with French law.
In the event of a dispute relating to the processing of his Personal Data in connection with the operation of the Sites, the Users and POINTCO CAPITAL undertake to seek an amicable solution beforehand and in good faith.
Failing this, the user may lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) or refer the matter to the competent courts.