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Conditions d'utilisation
Dernière mise à jour : juin 2023
General informations
Le site www.silvr.co est édité par le Groupe Silvr.
Directeur de la publication: Nima Karimi, en qualité de représentant légal de la société.
Le Groupe Silvr est une société par actions simplifiée au capital de 203.765,06 € (euros) immatriculée au Registre du Commerce et des Sociétés de Nanterre sous le numéro : 884 558 453 (SIREN).
Numéro d'identification à la TVA intracommunautaire: FR05 884 558453
Siège social et adresse postale: 144 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine Les présentes conditions générales d'utilisation ont pour objet de définir les règles d'accès et d'utilisation du Site et des Services.
Preamble
The purpose of these general terms of use is to set out the rules for accessing and using the Website and the Services.
Article 1. Definitions
Unless specifically exempted:
- The terms and expressions defined in the TOS may be used, whenever necessary, in the singular or plural;
- Any reference made in the TOS or in any other document accessible on the Website to a legal, regulatory or other type of binding provision shall be interpreted as referring to that provision as amended or replaced;
- Capitalised terms in these TOS shall have the meanings set out below:
" Article " means an article of these TOS.
" Virtual Card " means the virtual payment card issued by Silvr's payment service provider which may be assigned to the User upon acceptance of the User's application for Financing, to use the Financing funds that will be previously credited to the account associated with the Virtual Card.
" TOS " means these general terms and conditions of use.
" Financing Agreement " means the financing agreement signed by the User.
" Funding Application " means the application made by a User who wishes to obtain funding from Silvr.
" Data " means the User's data and metrics collected by Silvr through read-only access to a set of platforms that govern its business (Ecommerce platform, payment solutions, traffic analysis solutions, advertising platforms, etc.) in accordance with Article 4.01.
" UserSpace " means the individualised and secure interface of the Website, created in accordance with Article 3 following Registration, allowing the User to access the Services and which requires authentication.
" Registration " means the process described in Article 3 allowing the creation of a UserSpace.
" Internet user " means any person browsing the Website without formalising a contractual relationship with Silvr, nor creating a User Space.
" Financing " means the loan granted to the User who has formulated a Financing Request validated by Silvr.
" Services" means all the services described in Article 4, provided by Silvr to Users.
" Silvr " refers to Silvr Group, a Société par Actions Simplifiée (simplified joint stock company) with a capital of 203.765,06 € (euros), whose registered office is located at 144 avenue Charles de Gaulle 92200, Neuilly sur Seine, registered in the Nanterre Trade and Companies Register under number 884 558453.
" Website " means the Silvr website including all tabs: silvr.co
" User " means any legal entity having access to a User Space.
" Customer Account Owner " means any legal entity that has created a User Space via the process described in article 3.01.
" Account Guest " means any legal entity that has created a User Space via the process described in article 3.02.
Article 2. Acceptance of the TOS
In the absence of acceptance of the TOS by the Internet User when he registers, Silvr informs the Internet user that he/she will have no access to the User Space nor will be able to use the Services.
Article 3. Registration and creation of the User Space
3.1 Creation of the Customer Account Owner User Space
To create a User Space of the Customer Account Owner type, the Internet user must comply with the Registration process via the Website and will be asked to answer a questionnaire enabling Silvr, on the basis of the declarations made, to know the situation of the company concerned.
Once this process is completed, Silvr may, at its discretion, validate the creation of a User Space for the Internet User. The Internet User will be considered and treated as a User once he/she has accepted the present TOS.
3.2 Creating the Guest Account User Space
To create a Guest Account User Space, a User must create it from its own User Space for a third party. The third party will become a Guest Account User once he has created the necessary password to access it.
3.3 Rules for using the User Space
The User Space is strictly personal and dedicated only to the User. The User is responsible for the use of his User Space.
The User Space is accessible only via the Website and can be consulted at any time by the User after he/she has logged in using his/her login and password. The User shall make every effort to keep his/her password confidential at all times.
3.4 Deleting the User Space
A User may, at any time, request the deletion of his User Space. The deletion will be carried out within thirty (30) days of the request or from the date on which the User is no longer bound to Silvr by a current Financing Agreement or other agreement.
The User understands and accepts that once the deletion of the User Space is effective, he will no longer have access to any of the Services or any information available in the User Space.
Article 4. Description of the Services
The Services provided to the User through the User Space allow him/her to:
- Formulate an Application for Funding;
- Monitor and manage its funding, if it has been granted ;
As well as access to other Services accessible via the User Space.
4.1 Application for funding
The User, who wishes to obtain financing, can formulate a Financing Request. In order to benefit from this Service, the User must first give Silvr read-only access to a set of platforms that he uses or that reference him in the context of his activity (Ecommerce platform, billing management solution, payment solutions, traffic analysis solutions, advertising platforms, etc.).
After auditing the User's Data, Silvr may decide to refuse or grant the financing requested by the User.
If Silvr refuses the Financing Request, Silvr will inform the User of this refusal on its User Space or by e-mail.
When Silvr grants the Financing and after informing the User, Silvr makes it available to the User either by bank transfer or by giving him a Virtual Card credited with the amount of the Financing from a partner. The entire contractual relationship resulting from the granting of the requested Financing is governed by the Financing Contract between the Parties.
4.2 Monitoring and management of Funding
If a Financing has been granted to the User, the latter may, through his User Space, access a set of information summarising the status of his Financing.
Article 5. Responsibilities
5.1 Responsibility of the Internet user and the User
The Internet user and the User are solely responsible for the use they make of the Website.
In the event of a breach of any of the provisions of the TOS, or of the laws and regulations in force by an Internet user or a User, Silvr reserves the right to take any appropriate measure, in addition to the actions offered by the law, and in particular to temporarily or permanently suspend access to the Website.
5.2 Responsibility of Silvr
Silvr shall only be liable for its own fraud and for any gross negligence committed by it or its staff in the course of its professional activities.
Consequently, Silvr can only be held liable for the direct consequences of its gross negligence. Therefore, it shall not be liable for any indirect damage resulting from its gross negligence.
In any event, Silvr can never be held liable for any loss resulting directly or indirectly from force majeure or measures taken by the French or foreign authorities.
In the event that a malfunction of any kind prevents the proper functioning of the Website and/or the Services, Silvr undertakes to do everything in its power to remedy the situation within a reasonable time.
Article 6. Intellectual property
The systems, softwares, structures, infrastructures and contents of any kind (texts, images, music, logos, etc.) used by Silvr via the Website are the exclusive property of Silvr and are protected by its intellectual property rights.
Any disassembly, decompilations, decryptions, extractions, reuses, copies and, more generally, any act of reproduction, representation, distribution and use not provided for in the TOS of any of these elements, in whole or in part, without the authorisation of Silvr, are strictly prohibited and may be subject to legal proceedings.
Article 7. Personal Data - Privacy Policy
Silvr processes personal data within the meaning of the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data or "GDPR") in accordance with its privacy policy available on its Website at: https://silvr.co/en/data-protection.
The Internet user and the User acknowledge that they have read and accepted the privacy policy available at the above address, which has been designed to enable them to know their rights in terms of personal data and to exercise them if necessary.
Article 8. Modification of the TOS - Termination
8.1 Modification of the TOS
Silvr reserves the right to modify the TOS at any time.
The Internet user is not concerned by this Article in that he/she specifically accepts the TOS at any time during his/her browsing.
The User will be invited to take note of the modified TOS and to give his consent when he first connects to the User Space as of the modification of the TOS. The refusal by the User of the application of the modified TOS will result in the impossibility of accessing the User Space and the Services.
8.2 Termination of the TOS
Silvr may terminate the TOS at any time subject to fifteen (15) calendar days' notice.
Silvr may also terminate the TOS without notice in the event of a breach of the TOS by the User.
The User may terminate the TOS at any time.
Termination of the TOS shall result in the deletion of the User Space subject to the provisions contained in Article 3.
Article 9. Communications
9.1. Communications
Without prejudice to any provision to the contrary between the Parties, communications (of any kind) between Silvr and an Internet user or a User shall be made in French.
In its relations with an Internet User, Silvr corresponds with him/her by any means of communication appropriate to the relationship. If the Internet user wishes to communicate with Silvr, he may use the "Contact" tool available on the Website.
In its relations with a User, Silvr shall correspond with him by all means of communication appropriate to the relationship between them. Silvr shall communicate by the same means any information required by virtue of legal, regulatory or contractual obligations. In particular, Silvr may correspond and communicate by post, by telephone, by means of the Website, by e-mail or by any other technical means.
Postal or electronic mail is sent by Silvr to the last postal address (or, failing that, the last known address) or electronic address provided by the Internet User. The Internet User assumes all consequences and responsibilities of any nature whatsoever in the event of delay or omission on his/her part to inform Silvr of a change of postal or electronic address, or in the event of delay or omission to take cognisance of the content of any correspondence or communication. Emails addressed to Silvr are sent to the following address: [email protected]
The Internet user and the User declare that they are fully aware and informed of the risks associated with the transmission of electronic mail on an unsecured public network such as the Internet. They are personally responsible for the choice, installation, use and adaptation of adequate measures to secure their electronic mail, such as anti-virus software, a firewall or the creation of a strong password. By choosing or accepting such a communication channel, they exonerate Silvr, except in the case of fraud or gross negligence on the part of Silvr, from all liability and consequences in the event of interception by third parties of the e-mails and/or personal data and/or documents contained therein.
9.2 Modification by the User of his/her information
Silvr will endeavour to take into account as soon as possible any change in the language and/or postal or e-mail addresses for correspondence and communication requested by a User. The User shall make exclusive use of the technical channels and procedures made available by Silvr to request such changes.
9.3 Evidence
The dispatch and content of the correspondence or communication shall be established by the simple production of a copy thereof by Silvr.
Article 10. Complaints
The Internet user or the User may send a complaint to Silvr by sending it electronically to the following address: [email protected]
Article 11. Cookie policy
The cookies policy can be consulted at the following address: https://www.silvr.co/en/cookies-management
Article 12. Hosting
This site is hosted by Google (8 rue de Londres 75009 Paris) via its Google Cloud Platform solution.
Article 13. Applicable law – Jurisdiction
The present TOS are governed by French law.
Any dispute concerning the validity, interpretation and/or execution of these TOS shall be under the exclusive jurisdiction of the French courts.
Politique de confidentialité
Dernière mise à jour : juin 2023
Aware of the importance of ensuring the confidentiality of personal data and informing you of your rights and how your personal data is handled, SILVR ("SILVR" or "we") has prepared this privacy policy.
The privacy policy describes how SILVR processes the data of prospects (“prospects” or “users”) during the loan request analysis, and if the loan can be granted, of borrowers and, where applicable, their staff, during the performance of their loan agreement with SILVR.
1. Data Controller and DPO
When SILVR processes your personal data for any of the purposes mentioned in this privacy policy, SILVR acts as the controller of the concerned personal data. Below you will find the full contact details of SILVR:
- SILVR Société par Actions Simplifiées ;
- RCS Nanterre : 884 558 453
- 144 avenue Charles de Gaulle 92200 Neuilly-sur-Seine
SILVR has designated a data protection officer ("DPO") that can be contacted :
- By e-mail at the following address: [email protected]
- At the following postal address: 144 avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine
2. Purposes and lawful bases for the processing
SILVR processes your personal data only for a limited set of purposes. These purposes each have a lawful basis, as detailed below.
2.1. Personal data of prospects
With respect to prospects, SILVR processes the personal data of prospects and, where applicable, their staff, for the following purposes:
- To respond to requests for information or questions from prospects received by SILVR. The legal basis for this processing is SILVR's legitimate interest in responding to prospects' requests and providing them with any clarification that may be necessary.
- To carry out direct marketing by email or telephone with your professional email or your professional telephone, which we have obtained directly from you or indirectly and for which you have received this privacy policy or have been informed that they will be used for the purposes of commercial prospecting related to our services. The lawful basis for this processing is SILVR's legitimate interest in publicizing and promoting its services.
2.2. Personal data of borrowers
With respect to borrowers who have signed a loan agreement with SILVR, we process the personal data of borrowers and, where applicable, their staff for the following purposes:
- Verifications (identification, verification of identity and knowledge of clients ("Know Your Client")) relating to the fight against money laundering and terrorist financing. The lawful basis justifying this processing is SILVR's legal obligation to set up an appropriate monitoring system for the fight against money laundering and terrorist financing;
- The transfer of the aforementioned verifications to the third party to the loan agreement. The legal basis that justifies this processing is the need for Silvr to transmit the necessary documentation for the execution of the loan agreement to which the person is a party.
- Signing, monitoring and performance of the loan agreement with SILVR. The lawful basis for this processing is the performance of the loan agreement concluded with SILVR;
- Record-keeping and management of accounts relating to the performance of the loan agreement concluded with SILVR. The lawful basis that justifies this processing is SILVR's legal obligation to keep accounts and retain necessary supporting documents;
- Direct marketing activities for services similar to those that borrowers have purchased with SILVR. The lawful basis for this processing is SILVR's legitimate interest in publicizing and promoting its services;
- Management of pre-litigation, out-of-court settlements and, where applicable, litigation. The lawful basis for this processing is SILVR's legitimate interest in defending its interests and asserting its rights in the event of a dispute or litigation.
3. Retention period of your personal data
For the purposes described below, SILVR retains your personal data for a limited period of time and proportionate to the purposes described above.
With respect to prospects, their personal data is retained:
- For answering the prospects’ requests, for the period necessary to answer or supply information;
- For commercial prospecting with directly or indirectly collected data, for 3 years following the collection of data or last contact with the prospect or as long the prospect has not objected to the use of his data for direct marketing purposes.
With respect to borrowers and, where applicable, their staff, personal data is retained:
- For the signing, monitoring and performance of the contract with SILVR, during the entirety of the contractual relation and, after its term, archived for the duration of the applicable statute of limitations;
- For the invoicing and accounting related to the performance of the contract with SILVR, for ten (10) years in accordance with the provisions of article L. 123-22 of the French Commercial Code;
- For commercial prospecting, during the entirety of the contractual relation and, after its end, for three (3) years;
- For management of pre-litigation, out-of-court settlements and, where applicable, litigation, for the duration of the pre-litigation or legal proceedings.
4. Recipients of personal data
In accordance with the purposes set out in this policy, SILVR may share your personal data with:
- Duly authorized SILVR’s employees and managers. Any SILVR’s employee who has access to your personal data is subject to strict confidentiality obligations;
- Partners essential to the provision of SILVR's services such as, but not limited to, our payment partner and our debt collection partners in the context of managing disputes or unpaid bills;
- Service providers to perform services related to SILVR's services, notably email service providers;
- Competent authorities, if any, such as public authorities and administrative or tax authorities.
5. Transfers of your data outside the European Economic Area ("EEA")
In order to process your personal data for the purposes listed in this privacy policy, SILVR uses service providers that are located outside the EEA. The use of the services of these service providers involves transfers of some of your personal data outside the EEA.
Prior to any such transfer of personal data, SILVR has put in place appropriate contractual safeguards with the relevant service provider to ensure the protection of your data and that your personal data will be processed only in accordance with our instructions. A copy of these appropriate safeguards may be obtained upon written request using the information in Section 7 below.
6. Your rights
In accordance with the applicable regulations, you have rights regarding the personal data we collect, in particular:
- The right of access: you can obtain information about the data we hold about you and about the characteristics of the processing we carry out;
- The right to rectification: you can modify or correct your data;
- The right to erasure: you can ask us to delete your data in certain circumstances (please note that legal and regulatory provisions or legitimate reasons may require us to retain your data);
- The right to restriction and objection: you may, in certain circumstances, ask us to restrict or object to the processing of your data (please note that we may continue to process your personal data if we have a legitimate reason to do so);
- The right to portability: you can ask us to receive data in electronic form and/or ask us to transfer this information to a third party where technically feasible;
- The post-mortem right: you may provide us with general instructions for the processing of your personal data after death.
You may exercise your rights as well as contact our personal data protection service using the contact information provided in Section 7 below.
For any request of exercising your rights, we may ask you to provide additional documentation to verify your identity and to ensure that the personal data under the request relates to you.
We are committed to responding to requests as soon as possible. You will receive a response within one (1) month following the receipt of your request. However, please note that this period may be extended by two (2) months due to the particularly complex nature of your request or due to the number of requests. In this case, you will be informed of such extension and the reasons for it within one (1) month following the receipt of your request.
You may also file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the national data protection authority in France (www.cnil.fr).
7. Contact us
You can contact SILVR's personal data protection service:
- By e-mail at the following address: [email protected]
- At the following postal address : 144 avenue Charles de Gaulle, 92200 Neuilly-Sur-Seine
8. Changes
We will update this privacy policy from time to time. Any such change will be published on this page together with the updated revision date.
