ENGIE Global Markets – Legal Notice & Terms of Use

Welcome to the ENGIE Global Markets website (hereinafter the “Website”); available at www.engie-globalmarkets.com.

The Terms of use (together with the documents and policies referred to in it) specify the terms and conditions under which We allow You to access and use the Website. Please read these Terms of Use (hereinafter the “Terms”) carefully.

The Terms govern Your use of the Website and cover Your rights and legal responsibilities. The Terms apply to You upon Your first use of the Website.

This Website is available to You free of charge (except for Internet connection costs), subject to compliance with these Terms.

By accessing, visiting and/or using this Website, You acknowledge that You have read, understood and agree to be bound by the Terms, and that You undertake to comply with all relevant laws and regulations. If You do not agree to the Terms, You must refrain from using the Website.

You may only use the Website for legitimate purposes. It may not be used or misappropriated for purposes contrary to public order and morality.

The content of the Terms may change. We therefore advise You to read them regularly.

The terms “We” or “Our” or “Us” refer to the Service Provider.

The terms “You” or “Your” refer to the User using the Website.

In the Terms, the Service Provider and the User together, are referred as to the “Parties” or individually as a “Party”.

1. Legal information

The Website has been developed by and is edited by ENGIE Global Markets (“EGM”), a wholly owned subsidiary of ENGIE S.A. EGM is a French société par actions simplifiée with a share capital of 2 386 814 500 Euros, whose registered number is 437 982 937 RCS Nanterre, whose VAT registration number is FR 154 379 829 37 and whose registered office is at 1, place Samuel de Champlain, 92400 Courbevoie, France (hereinafter, the “Service Provider” or “EGM”).

EGM is an investment services provider authorized and regulated by the Autorité de Contrôle Prudentiel et de Résolution (the “ACPR”, the French Prudential Supervision Authority). EGM is subject to the ACPR rules and guidance, details of which can be found on the ACPR’s website at https://acpr.banque-france.fr/accueil.html. The ACPR is an independent administrative authority operating under the auspices of the Banque de France whose mission is to safeguard the stability of the French financial system and is located at 4, place de Budapest, 75009 Paris. Moreover, EGM is also subject to the rules of the Autorité des Marchés Financiers (the “AMF”) and the relevant provisions of the French Code Monétaire et Financier.

The Website’s publication directors are Laurent Caldichoury and Aurélie Boscarolo-Fousse (email address: laurent.caldichoury@engie.com and aurelie.boscarolo@engie.com.

This Website and the data collected via the Website are hosted by AMAZON WEB SERVICES EMEA SARL which registered address 38 AVENUE JOHN F. KENNEDY, L-1855 Luxembourg whose registered number is B186284 at Registre du Commerce et des Sociétés R.C.S. LUXEMBOURG.

2. Defined terms

In the Terms, unless the context requires otherwise, the terms listed below shall have the following meaning where the first letter is capitalised, whether used in singular or plural:

« Affiliated Company » means and includes any legal entity which is directly or indirectly controlled by, controlling or under common control with by the Service Provider and for the purposes of this definition, the term “control” shall mean: (i) the ownership of more than fifty percent (50%) of the voting shares of the subject entity or association; (ii) the right or power, directly or indirectly, to elect or remove directors; or (iii) the right or power to control management;

“User” refers to any natural person accessing and using the Website strictly in compliance with the terms and conditions laid down in the Terms.

3. Right to access and use the Website

3.1. Subject to Your compliance with the Terms, We grant You a non-exclusive, non-assignable and non-transferable right to access and use the Website and its content. You may only access and use the Website and its content in accordance with its intended purpose and solely for internal professional needs.

3.2. You may access and display the content and information made available on the Website on a computer screen, print individual pages or save these pages in electronic format on a storage space, strictly solely for internal professional needs. The information published on the Website may not be duplicated, copied, sold, resold, broadcast, retransmitted or redistributed, in whole or in part, in any format (including by storage in cache memory and by rastering) to third parties without the express written consent of the Service Provider. Dissemination (broadcast) and redistribution includes, but is not limited to, the disclosure of this information via the Internet or any other electronic means of communication.

4. Restrictions on use of the Website

4.1. You must not:

1. access, store, distribute, or transmit any virus, data or any material during Your use of the Website that is unlawful, illegal, harmful, threatening, defamatory, obscene, abusive, or infringing any rights, or in any way not in compliance with applicable laws;

• use any automated system, including any « robots », « spiders », and « offline readers » to access the Website in a manner that sends more request messages to the Website than a human or an Application Programming Interface (API) can reasonably produce in the same period by using a conventional online web browser, and/or extract any data, information or material from the Website (including by « screen scraping »); 

• attempt to interfere with or compromise the integrity or security of the Website;

• use the Website in a manner that interferes with its use by another user; or, use the Website violation of the rights of any third party;

• use the Website in a manner that may infringe the Service Provider’s legitimate interests (including its intellectual property rights) and other rights relating to or connected with the Website or damage the Service Provider’s reputation.

The Service Provider reserves the right (at its sole discretion) without liability to You, to disable the Website to the extent necessary or to disable access to any data or material as a result of a breach of any provision of this clause.

4.2. Except as may be allowed by any applicable law which cannot be excluded by agreement between the Parties, and to the extent expressly permitted under the Terms, You shall not, and shall not permit any third party to:

1. attempt to copy, modify, duplicate, create derivative work from, frame, mirror, re-publish, download, display, transmit, and/or distribute all or any portion of the Website in any form or media or by any means whatsoever;

• attempt to reverse compile, disassemble, reverse engineer, and/or otherwise reduce to human-perceivable or technically-perceivable form all or any part of the Website;

• access all or any part of the Website in order to build a product or service which competes with the Website or any service provided by the Service Provider and/or its Affiliates Companies; and/or,  

• use the Website for purposes other than those explicitly set out in these Terms or in any way prohibited by a law or regulation.

5. Limitation of liability and guarantees

5.1. As a user of the Website, You acknowledge that You have the necessary skills and means to access and use this Website.

5.2. Nothing in the Terms exclude either Party’s liability for:

a. death or personal injury caused by that Party’s negligence;

b. fraud or fraudulent misrepresntation;

or,

c. any other liability that cannot be limited by law.

The Service Provider and/or its Affiliated Companies may under no circumstances be held liable for any harm, claim, expense, loss or direct or indirect damage (including loss of data, loss of any profit, goodwill or reputation, losses of business) resulting from in connection with any use or failure to use the Website and/or any use of the features, content or information contained therein, or in connection with Your use or inability to use the Website, the access of, use of, performance of, browsing in or linking to Third Party Websites from the Website or subsequent to third-party distribution of a virus by means of the Website, which may infect your computer system following connection to this Website, use of this Website or browsing on this Website.

5.3. Unless provided otherwise, the information on the Website is provided “as is” and the Service Provider and its contributors make no warranty or undertaking of any kind with regard to:

-the satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and/or uptime availability of the Website;

-the relevance, continuity, accuracy, completeness, absence of errors, veracity, timeliness, fair and commercial nature, quality, validity and availability of the information contained in this Website;

-the security of the Website, including the ability of unauthorised persons to intercept or access information transmitted by You through the Website. 

Therefore, incorrect information or omissions may be encountered arising from typographical or formatting errors. If You find any such errors, please inform us so that we can make the relevant corrections.

However, the Service Provider will make every effort to ensure that the information provided on the Website is accurate and up-to-date, reserving the right to modify the content at any time and without notice. Pursuant to its policy of updating and improving the Website, the Service Provider may decide to modify the Terms.

Each User shall be fully responsible for the risks incurred by giving credence to the information and content available on the Website. 

The Service Provider categorically rejects any interpretation that seeks to represent the content of the Website an offer of purchase or an incitement to purchase shares or other securities, whether listed or unlisted, of the Service Provider, or any one of its direct or indirect Affiliated companies.

The Service Provider is not responsible for delays, operating problems or incompatibility within between the Website and files, Your browser or any other program uses for access to the Website.

5.4. You agree that You have been informed that the Website is accessible 24 hours a day, 7 days a week, except in the event of force majeure, server problems, problems caused by the telecommunications network infrastructures or other technical difficulties. Nevertheless, due to the nature of the Internet, among others, the Service Provider does not warrant or make any other commitment that the Website, or any part of it, will be uninterrupted or error-free, or that all defects or errors may or will be rectified by corrective or preventive measures.

The Service Provider may occasionally shut down all or part of its Website for maintenance and/or commercial and/or operational purposes and/or any other need identified by the Service Provider.

5.5. Users are also reminded that the confidentiality of correspondence cannot be guaranteed on the network and that every Internet user is responsible for taking all appropriate measures to protect their own data and/or software from contamination by any viruses that may be circulating on the Internet.

5.6.

Nothing on this site should be construed as an offer, solicitation, or recommendation on the part of the Service Provider and/or its Affiliates Companies or any of its third party providers, to purchase, sell or subscribe for financial services, nor does it constitute the solicitation of an offer to purchase or sell financial instruments or any other investment product, or to provide any investment service or investment advice in any jurisdiction.

You acknowledge that the use and interpretation of the information requires specific and detailed knowledge of the financial markets. You acknowledge that dealing in commodities, financial instruments, derivative products (such as, but not limited to forward, options, and contracts for differences) or other assets involves specific risks and other significant aspects. You should not deal in these products unless you understand their nature and the extent of your exposure to risk.

You are strongly advised to seek independent legal or financial advice before making any investment decisions and in particular to verify whether such investment decisions meet Your particular investment objectives and financial capacities. You should not in any case make investment decisions solely on basis of the information contained herein. If You wish to obtain any of the products or services offered herein, You are asked to contact the Service Provider to obtain information on its availability, prices and contractual conditions applicable.

6. Access to the Website

6.1. Your access to and use of the Website is governed by and subject to the Terms.

You must also comply with all applicable laws and regulations with respect to Your use of the Website.

In case You breach the Terms, You will indemnify Us in respect of any and all costs, losses, liabilities and any other expenses whatsoever incurred by Us as a result of such breach.

You are responsible for any activities that occur under Your use of the Website.

7. Intellectual property

7.1. The Website is fully subject to French law on copyright, trademarks and, in general, on intellectual property.

7.2. The Service Provider’s trademarks and logos (semi-figurative trademarks) shown on the Website, are registered trademarks. Any full or partial reproduction or representation, alone or in company with other elements, without the prior express written authorization of the trademarks and logos owners – among others, the Service Provider and / or its Affiliated Companies is strictly forbidden. You may not modify, obscure, or delete any brand, logo, copyright, trademark or any other proprietary/intellectual property right contained on the Website or any other distinctive sign of the Service Provider contained in the Website.

7.3. You acknowledge and accept that the Service Provider is and remains the owner of all rights, including all intellectual property rights associated with the Website, as well as all components and features thereof, including, but not limited to, the general structure, algorithms, software, all texts, graphics, images, videos, sounds, designs know-how, animations, and more generally all information and content shown on the Website and features provided to the User. These elements are subject to intellectual property law and are made available to You under the Terms.

Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, constitutes an infringement sanctioned by the French Intellectual Property Code.

7.4. Except for the limited rights expressly granted to You in Articles 3.1 and 3.2 of the Terms, the Terms do not grant You any license for the use of trademarks, logos or photographs or any content belonging to the Service Provider or any other third party. You therefore do not own or benefit from any intellectual property rights and/or any rights or licenses on or related to the Website, its components and/or its features.

7.5. Any databases appearing on the Application are protected by the legal provisions for the protection of databases. In this respect, the Service Provider expressly prohibits any re-use, reproduction or extraction of elements of these databases. You shall be held liable for any such reuse, reproduction or extraction.

If You wish to use some of the Website’s content (text, image, etc.), You must obtain prior express written authorization from the Service Provider by writing to the address given in the paragraph “Legal information” or by sending an e-mail to the contact address given in the Article “Contact”.

All market data herein contained shall at all times be and remain the sole and exclusive property of its acknowledged publisher, as identified as the third party provider of the data. Please note that all market data from third party providers may be protected by international and/or French copyright laws and is made available herein on a non-commercial basis and meant for information purposes only. Any other use of such market data shall be subject to an agreement between the client and the concerned third party provider. It is your responsibility to comply with these rules.

8. Data Protection

By using the Website, the Service Provider will process some of Your personal data in its capacity of data controller, in the manner and for the purposes described in the Privacy Policy of the Service Provider and its Affiliated Companies available at https://www.engie-globalmarkets.com/wp-content/uploads/2024/12/privacy-policy-gem_engie-december-19.pdf.

By accessing and using the Website, You confirm having read the Privacy Policy of the Service Provider and its Affiliated Companies to obtain information about how We process Your personal data and how to exercise Your rights.

9. Cookie Policy

The Service Provider uses cookies on the Website. For further information about how the Service Provider uses cookies on the Website, please read the applicable Cookies Policy accessible at www.engie-globalmarkets.com.

10. Third Party Websites or Services

The Website may contain links to, or call the servers of, third party websites or services that are not under the control of the Service Provider (the “Third Party Websites”) and that are likely to have their own legal conditions, which should be read and complied with.

The Service Provider makes no express or implied warranties with regards to, the information, content or other material, products, or services that are contained on or are accessible through, or the policies regarding the use and privacy of Third Party Websites. The Service Provider may not be held liable for hyperlinks to Third Party Websites, and particularly for their content.

The Service Provider is not liable for hyperlinks from other websites to this Website and no such links may be set up without its prior written authorization.

11. Cautionary statement on forward-looking data

The Website may contain certain information that does not rely on historical facts and that makes statements about the future, including – but not limited to – statements that are predictions of future events, trends, plans or objectives. Such statements are based on the current views and assumptions of management and are subject to significant risks and uncertainties that could cause actual results to differ materially from those expressed or implied in the forward-looking statements (or from past results).

Additional information regarding these risks and uncertainties is set out in the documents filed by the Service Provider with the relevant authorities. Forward-looking statements represent predictions made on a certain date, and the Service Provider makes no undertaking to update or revise them, whether in response to new information, future events or for any other reason.

12. ADDITIONAL CONDITIONS APPLICABLE TO MATERIALS

Without prejudice to the foregoing, users of this Website are informed of the following additional conditions to the relevant materials that may be posted on the Website as specified below.

(i) Economic research and forecasts:
This material is intended for information purposes only. It does not constitute independent investment research, an investment advice or other general recommendation relating to transactions in financial instruments.

This material is intended for general distribution and it does not take into account any specific investment objectives, financial situation or particular needs of any recipient. It cannot be transmitted to any other person without the prior written consent of the Service Provider.

The information contained therein, including any expression of opinion, is not intended to constitute an offer or a solicitation to buy or sell any financial instruments, products or services, investment research or investment recommendation or other financial, investment, legal, tax or accounting advice or any other advice.

The Service Provider is under no obligation to disclose or to take account of this document when advising or dealing with or for its customers.

Nothing in this material is intended for use by or targeted at private customers and retail clients (as defined in the Directive 2014/65/EC of the European Parliament and of the council of 15 May 2014 on markets in financial instruments – “MiFID”). Should a retail client or private customer obtain a copy of this material they should not rely solely on the information contained herein to make investment decisions. The Service Provider strongly recommends that they seek independent financial, legal, tax or accounting advice before making any investment decisions.

The Service Provider, any of its Affiliates Companies – including its parent company, branches, directors, employees, agents or advisers or any other person shall not be liable for any use of this material or the information contained herein that could result in any financial losses or in making any decision to enter into transactions on the basis of this material in any jurisdiction.

Dealing in commodities, financial instruments, derivative products (such as, but not limited to forward, options, and contracts for differences) or other assets involves specific risks and other significant aspects. You should not deal in these products unless you understand their nature and the extent of Your exposure to risk.

The circumstances under which this material has been produced are such that it is not appropriate to define it as independent investment research as defined in the MiFID. This material should be treated as marketing communication for the purposes of the MiFID. This material has not been prepared in accordance with the regulatory provisions designed to promote investment research and the Service Provider or/and its Affiliated Companies are not subject to any prohibition on dealing in the relevant commodities, financial instruments, derivative products or other assets mentioned in this material ahead of the dissemination of this marketing communication. Some of the reasons are that the reporting or remuneration structures or the physical location of the author of the present material or the fact that the author may take part in customer relationships may not comply with the legal requirements designed to promote the independence of investment research.

This material has been prepared by the economists of the Service Provider. Each of the authors of this material hereby certifies that the views expressed herein accurately reflect his or her personal views regarding commodities, financial instruments, derivative products or other assets mentioned in this material and not the views of the Service Provider or any other employees of the Service Provider.

The Service Provider is not entitled to conduct business, which may include the dissemination of this material, in all jurisdictions. Some products and services may not be available in all jurisdictions and/or to all customers. Therefore, advice should be sought by the recipient of this material regarding the compliance of any intended investment with any laws or regulations applicable to it before making any investment decision.

All market data, names and sources that may be included or mentioned in this material may be the exclusive property of its acknowledged publisher, as identified as the source of the data and may therefore be protected by International or French copyright laws. It is your responsibility to comply with these rules.

(ii) Notes
Notes concerning products that are published on the Website are provided solely for information purposes and do not in and of themselves constitute a commercial offer; users must contact their commercial contact at the Service Provider in order to find out whether the services or products are available and what prices and contractual conditions apply.

(iii) Technical analysis
Technical analysis published on the Website is provided for information purposes only. In no circumstance does it constitute an offer of sale or the solicitation of offers to purchase the securities mentioned. The information contained in these documents has been obtained from reliable sources, but must not be considered exhaustive. The opinions expressed are those of the authors and do not necessarily represent the opinion of EGM.

(iv) Valuations
Valuations available on the Website are prepared by EGM and are published for information purposes only. The contents of such valuations do not constitute and must in no circumstances be considered as an offer, solicitation, advice or recommendation of any kind to purchase or sell any investment or carry out any other transaction. All valuations have been obtained on the valuation date indicated and represent the estimated value of Your portfolio. Valuations can vary above or below the levels at which further transactions could be carried out, due to the variable size of the spread between the bid and offer rate. Due to the models or assumptions used to calculate the value of Your portfolio, or the date and time of the calculation, valuations can give noticeably different results. In addition, all valuations are liable to change as a result of our transactions in similar or underlying securities or other instruments, and/or can be based on our own prices. EGM expressly disclaims any liability with regard to (i) independent verification of any information obtained to assist with the preparation of these valuations, (ii) the validity of the models and market data processed in such models, (iii) any error or omission in the calculation or distribution of valuations, and (iv) any use made of valuations.

13. General clauses

13.1. Severability

If, for any reason whatsoever, a competent court were to rule that a provision of the Terms is invalid, or is otherwise rendered invalid, the invalidity of that provision will not in any way affect the validity of the remaining Terms, which will remain in force.

13.2. Waiver

Failure or delay by one of the Parties to exercise or enforce a right or to institute legal proceedings under the provisions of the Terms shall not be deemed to be a waiver of such a right or such proceedings or of any other breach.

13.3. Governing Law and Dispute Resolution

The Application is subject to French law. These Terms will be governed by and interpreted in accordance with French Law.

By mutual agreement, the Parties shall attempt to amicably resolve any dispute, including by mediation. However, this attempt shall not be a mandatory precondition to initiating proceedings before the court with jurisdiction as defined below.

To the extent permitted by applicable law, if a dispute arises regarding the interpretation or performance of any of the provisions of the Terms and they are unable to reach an amicable settlement of dispute, the Service Provider and the User-agree to submit said dispute to the exclusive jurisdiction of the Paris Court of Appeal.

13.4. Amendments

The Service Provider may amend in its sole discretion the Terms at any time, including without limitation by posting revised Terms, which amended terms and clauses shall be binding upon You. In this case, the date of the Terms will be updated and will indicate the day on which the changes were made. It is Your responsibility to check for any updates to these Terms.

13.5 Contact

For any question relating to the use of the Website or the Terms, You can contact send an email to laurent.caldichoury@engie.com.

13.6 Copyright © photos:
David Plas / ENGIE / Dureuil Philippe / Rogelio Alberto Pozo Palma Agencia Comunicaciones E.I.R.L. – Claudio Pozo Alarcon / Abacapress / Douliery Olivier / Interlinks Image / Leimdorfer Gilles / Friedman Rick / Hautemaniere Noel / Anne Martiréné 

14. Information to potential users of ethics whistleblowing system ethics@engie.com

→Entity responsible for the whistleblowing system: ENGIE S.A.

→Objectives pursued and areas concerned:

    *Financial, accounting, banking and anti-corruption

    *Anti-competitive practices

    *Fight against discrimination and harassment in the workplace

    *Health, occupational health and safety

    *Protection of the environment

→The ethics whistleblowing system ethics@engie.com is open to all stakeholders of the ENGIE Group: employees, regardless of their employment status, customers, suppliers … Its use is strictly voluntary and cannot be made compulsory.

→Recipients of alerts: people who are specifically responsible for handling ethical alerts. It is not excluded that information collected by this device may be communicated to another entity of the Group in order to allow the processing of ethical reporting in accordance with legal provisions, in particular by taking all necessary measures to ensure compliance with confidentiality and security of the elements thus transmitted.

→Transfer outside the EU: where applicable, these transfers are supervised by the ENGIE Group BCRs.

→The persons identified under this scheme may exercise their right of access and rectification directly to: ethics@engie.com

→There is no risk of prosecution on the bona fide user of this device.

→Any abuse of the device may be prosecuted.