BBVA.fr website legal information
- Conditions of Use for the website
- Electronic messaging and processing of personal data
The editor of the "bbva.fr" website is the French branch of BANCO BILBAO VIZCAYA ARGENTARIA, S.A. ("BBVA"), a credit institution incorporated as a public limited company under Spanish law, with capital of €3,267,264,424.20, registered office at Bilbao (Spain), Plaza San Nicolás, 4, registered in the Vizcaya Companies Register under the number R.M. Vizcaya T. 2083 L. 1545 Sec. 3a F 183H 14741.
BBVA Central Management in France: 29, avenue de l'Opéra 75001 PARIS SIREN 349 358 887-RCS Paris. TVA FR 15349358887.
Legal representative and publication director: BBVA's central director in France, Mr. Arnaud Bensoussan
Contact: Commercial service. Telephone 01.44.86.83.48
Site host: BBVA S.A., Calle Batanes, 3, Tres Cantos; Paseo de Recoletos, 10-28001-Madrid. CP 28760-Spain (Company Tax Code A-48-265169)
Webmaster: Commercial address of the French branch of BBVA:
E-mail: email@example.com Telephone 01 44 86 83 48
The French branch of BBVA is authorized, as a bank and investment service provider, to carry out banking and credit operations in France and to provide investment services in accordance with the program of activities communicated to the Prudential Control and Resolution Authority (ACPR). The Prudential and Resolution Supervisory Authority (ACPR) establishes, maintains and publishes online the list of credit institutions authorized to operate in France and the activities that are allowed to carry out. This list can be consulted on the website www.banque-france.fr.
The French branch of BBVA is an insurance broker and is registered in the ORIAS under number 07 027 869, available for consultation at www.orias.fr.
For BBVA's consumer customers: Contact mediator: M. le Médiateur FBF B.P. n ° 151 75422 Paris Cedex 09 firstname.lastname@example.org.
The French branch of BBVA is subject to the control of the European and Spanish authorities, and in particular the European Central Bank and the Bank of Spain as Supervisory authorities, which it is answerable to within the framework of the single supervisory mechanism (SSM) established by the European Union, as well as the control of the Prudential Supervisory and Resolution Authority and the Financial Markets Authority, each of which is responsible, within its area of competence, for checking that the French branch of BBVA complies with the mandatory provisions of French law and other provisions of general interest applicable to its activities in France. The contact details of these authorities are as follows:
ACPR - Autorité de Contrôle Prudentiel et de Résolution www.acp.banque-france.fr
61 rue Taitbout - 75436 París Cedex 09
AMF - Autorité des Marchés Financiers www.amf-france.org
17 place de la Bourse - 75082 París Cedex 02
The French branch of BBVA is also subject to control by the DGCCRF in all matters relating to compliance with the French regulations on consumer protection (Directorate-General for Competition, Consumer Affairs and Fraud Prevention: Contact details on the website www.dgccrf.bercy.gouv.fr).
Information on deposits and securities guarantees:
Deposits in Euros (or in a currency of another European Economic Area country) in deposit accounts opened at the French branch of BBVA (Deposit and payment accounts, current accounts, term accounts and accounts in passbooks other than Passbook A, the Sustainable Development Passbook and the Popular Savings Passbook) are secured by the deposit guarantee fund created by the Spanish authorities under the conditions and in accordance with the formats indicated on the website under the section "General information on the protection of deposits".
The return of financial instruments that are the responsibility of the French branch of BBVA is guaranteed by the securities guarantee mechanism established by Royal Decree 2606/1996 of 12/20/1996, which is amended and supported by the Credit Institution Deposit Guarantee Fund. This guarantee system covers deposits in securities and financial instruments up to a maximum limit of €100,000. This guarantee covers the non-repayment of securities and financial instruments, but in not any loss in the value of the investment. Information on the content and application of this guarantee is available on request to the French branch of BBVA or on the Deposit Guarantee Fund website (www.fgd.es).
CONDITIONS OF USE OF THE WEBSITE
The conditions of use set out below govern the use of the "bbva.fr" site.
The Conditions of Use, the Legal Notice, the Personal Data Processing and the Cookies Policy together constitute the terms and conditions that govern access to and the use of the public part of the Website (the "Terms and Conditions of the Website").
By accessing the site and using it, the user accepts these terms and conditions of use without reservation and agrees to respect them. Consequently, users of the site must read these terms and conditions each time they access the site, as they are subject to changes, and they will be notified of their possible modification whenever they access the site.
Users must use the site lawfully in accordance with applicable law and under principles of good faith and public order. Users must also refrain from using the Website for fraudulent purposes, and must not engage in any conduct that could damage the image, interests, or rights of BBVA or of any third parties. Users agree not to commit any act that could damage, deactivate or overload the site or in any way prevent its normal use and operation.
Users are hereby informed that, in the case of non-compliance with any of the obligations derived from the Terms and Conditions of the Website or from any of the other individual terms or conditions found at the Website, BBVA reserves the right to limit, suspend, or terminate a User's access to the Website and to adopt any technical measures that may be necessary for this purpose.
BBVA also reserves the right to adopt such measures in the event there is reasonable suspicion that a User is violating any of the terms found in the Terms and Conditions of the Website or any other individual terms or conditions found on the Website.
In particular, BBVA reserves the right to delete, limit, or prevent access to the Website when technical difficulties arise due to events or circumstances that are beyond BBVA's control, and which, in the judgment of BBVA, may decrease or invalidate the security levels or standards adopted for appropriate operation of the Website. In this regard, BBVA reserves the right to decide whether or not to continue to provide the information and services offered through the website.
The "Bbva.fr" website is designed to provide information to both potential customers and customers residing in France, and to provide BBVA customers in France with the financial services that are available through contracting. This site is published in France and all users accept the application of French law. The fact that certain technical or IT elements used to operate this site may be in Spain does not in any way affect the fact that the site is fully subject to French law.
The information contained on the bbva.fr website is given solely for illustrative purposes and does not constitute a contractual offer of products or mean that BBVA is bound by any contractual obligation. BBVA customers in France who wish to obtain a service or product described on this site or subscribe to the website's services portal should visit a BBVA branch in France in order to do so by completing the service registration form once they have been informed about the availability, contractual conditions (general conditions and technical annexes) and applicable rates for said products and services. The terms, conditions and rates of access and use of the portal can be requested by BBVA customers in France at the branch where they have their account, which will provide them with the general conditions and the contracting fees. The website is exclusively for personal use and is subject to compliance with its conditions of use.
1. Information and indexes published on the website:
BBVA publishes the information and indexes that can be accessed through the site from reliable suppliers and sources. However, BBVA does not monitor the accuracy, timeliness, quality, relevance or completeness of the published information or indexes, and therefore, under no circumstances can it be held responsible for any outdated, incorrect or incomplete information from external suppliers.
Any person using this site will be solely responsible for the way they choose to use the information and indexes contained herein, particularly as regards the decisions or measures they may take or implement based on said information and indexes, as well as the results obtained.
2. Information about products and services:
No information of any kind that can be accessed from the website can be considered as constituting an offer by the French branch of BBVA to buy or sell products or to subscribe to or provide services; an offer to buy or sell financial instruments or any other investment or insurance products, or a request similar to a sale transaction in the sense of article L.341-1 and following articles of the Monetary and Financial Code. This information does not constitute a recommendation or technical, legal or tax advice.
Anyone who wishes to engage any of the services or products shown on the website must contact the French branch of BBVA to find out about the availability of the service or product in question, as well as about the contractual conditions and the fees applicable to it.
Online applications to obtain a product or service offered by BBVA will only be valid once BBVA has accepted them and are subject to the contractual and tariff conditions in force, and French law.
Warning for non-residents (residents outside France):
Access to the information and products shown on this website may be restricted for certain people or in certain countries other than France. None of the services or products are intended for individuals whose country of origin or of any other country affecting them prohibits use of them: anyone wishing to obtain a product or service must check with their usual advisers that their legal or tax status allows them to engage such products or services.
Warning for Americans:
BBVA is not registered as a broker under the United States Securities Exchange Act of 1934, as amended (the 1934 Act), or under any other law applicable in the United States. Furthermore, the financial instruments that may be shown or, where applicable, obtained through the website are not listed in a Securities Exchange Commission ("SEC") register in the US, unless expressly stated otherwise.
Therefore, use of the website and the services or products that are shown or are available online are not intended for "US Persons" and cannot be contracted by these persons, except in the event of an exemption expressly provided for by the applicable law in the United States. A "person of the United States" is, in general, any natural person resident in the United States or any entity organized or constituted in accordance with the laws that are applicable in the United States. American citizens who are not in the territory of the United States may also, under certain conditions, be classified as persons of the United States.
3. Specific information on financial instruments:
The terms and conditions for financial instruments are indicative. The information about the financial instruments featured the website does not constitute an offer by the French branch of BBVA to buy or sell goods or services, a public offer, any type of communication of a promotional nature or an action to attract users of its website.
As part of legal and regulatory provisions (including those deriving from the European directive on financial instruments markets, -MIF Directive- and its implementing regulations or any regulatory text that supplements or replaces it), BBVA may be obliged, depending on the type of financial instruments and/or investment services offered, where applicable, to a customer and the classification attributed to the same, to request information from the customer on their investment knowledge and experience, as regards the specific type of financial instrument or service proposed or requested, in order to determine whether this service or financial instrument is appropriate. The information requested may refer to the customer's financial situation, including their capacity to incur losses and their investment objectives and risk tolerance, in order to be able to recommend investment services and financial instruments that best suit their risk tolerance and ability to incur losses.
Without prejudice to the legal or regulatory obligations applicable to BBVA, before investing in a product or financial instrument or closing any transaction in relation to the same, all investors must analyze the product or instrument at issue and its risks on their own account, principally from the point of view of legal, tax and accounting procedures, without relying exclusively on the information provided to them; if they deem it necessary, all investors should consult their own advisers in the matter at issue, or any other professional of their choice. Provided it complies with the legal or regulatory provisions that concern it, BBVA will not be liable for any other financial consequences arising from a transaction associated with the financial product or instrument, or from an investment in the financial product or instrument.
When past returns calculations are shown or explained, the data in question refers to prior periods and is not a reliable indicator of future results. The same applies to the performance of the market's historical data. When future returns calculations are shown, the data relating to these returns is only a forecast and does not constitute a reliable indicator of the product's future results. Furthermore, when past returns or calculations of past returns are based on data expressed in a currency that is different to the currency of the amounts invested, the assets or state in which the investor resides, the potential profits may increase or decrease depending on fluctuations in exchange rates. Finally, when past returns or calculations of past or future returns are shown, potential profits may also be reduced by the effect of commissions, fees or other charges that the investor must pay.
The French branch of BBVA reserves the right to amend the conditions of use and content of its website at any time and without prior notice, especially to correct errors or omissions that could affect its content, despite the care with which it has been created. If the conditions of use are amended, the changes will enter into force as of their publication online. Website users will be deemed to have accepted the most up-to-date version of the terms and conditions of use each time they access the website again.
5. Website availability and security and access security:
The French branch of BBVA will seek to offer access to its website 24 hours a day and 7 days a week. However, it cannot guarantee this completely as maintenance periods and computer and technical failures may affect access and availability. BBVA will not be liable, under any circumstances and without limitation, if the website is amended, discontinued or disrupted.
Information, especially the passwords entered on the website to access the customer area, is protected by means of encryption methods that aim to prevent an unauthorized third party from accessing, amending or diverting such information for their own benefit.
However, despite all the measures taken by the French branch of BBVA to ensure the website is secure, it cannot guarantee that malicious third parties will not include fraudulent links to other websites and other content that is accessible via the Internet, amend the content of the website, or attempt to steal bank account numbers or login credentials by asking customers, via an email or pop-up window, to visit a fake website that looks like it belongs to the French branch of BBVA to confirm their login credentials. The French branch of BBVA will do everything in its power to anticipate and prevent this type of act, but will not be liable for the harmful consequences of this type of fraud if it has complied with the security procedures commonly used by credit institutions that publish websites.
In this regard, it is advisable to expressly remind users THAT UNDER NO CIRCUMSTANCES will the French branch of BBVA ask them to verify their login details by email or any other non-secure means; it will only ask them to verify such information via a secure website session. Any login request supposedly issued by BBVA, as well as any anomaly in the appearance or use of the service, must be immediately communicated to BBVA's Central Office for France or the webmaster of the website at email@example.com.
Also remember that no BBVA employee, service provider or partner knows or has the right to know users' connection details, which BBVA keeps under encryption in order to avoid theft.
6. BBVA's limited liability:
BBVA will only be liable for any damage that may arise from access to or use of its website (or websites that are linked to it) if it can be shown that the damage at issue has been directly and exclusively caused as a result of serious errors committed by BBVA in respect of publishing, maintenance and security obligations that are generally adopted by credit institutions that publish websites.
Links to other websites are only provided for information purposes and are not an indication of BBVA's liability as regards access conditions, direct or indirect content or technical risks. In any case, the existence of these links does not in any way mean that BBVA promotes these websites or agrees with their claims, contents or services. By accepting to use a hyperlink to access an external site, users assume the risks and potential direct or indirect damage associated with it. If a user suspects that a site accessible from a hyperlink included on a BBVA website hosts content that could be illegal, could infringe the rights of other people, or could be harmful, degrading, violent, inappropriate, or amoral, he or she can inform BBVA of such fact by email at: firstname.lastname@example.org.
BBVA is not responsible for any links provided on its website and prohibits anyone from entering such links without its express and prior consent. If authorization is granted, the hypertext link to the site must comply with the following rules:
- The link must not display windows that allow you to view the BBVA site from another URL or show information from the BBVA site in conjunction with information from other sites.
- The site linked to the BBVA website must not contain any false, inaccurate or incorrect statements about BBVA or its site.
- In any case, the authorization granted by BBVA does not in any way mean that (i) BBVA sponsors, collaborates, verifies or controls the content or services of the site linked to the BBVA website or that (ii) BBVA is in any way responsible for the content of this website.
Any site linked to the BBVA website must comply with applicable regulations and must not host content of its own or of third parties (i) that is illegal or violates the rights of others, that is harmful, degrading, abusive, inappropriate or immoral (pornographic, racist content, etc.), or (ii) that might make the user believe that BBVA agrees with, endorses or supports any idea, statement or affirmation, whether lawful or not, published on the site at issue, or (iii) that is inappropriate or not related to BBVA's activities.
To the extent permitted by French law, BBVA's liability shall not extend to any other damages, including commercial, non-monetary or financial damages, in addition to any loss of profits that may be caused by or originate from or be based on use of the website or its content.
7. Communication of illegal or inappropriate activities:
If a User or any other Internet user has knowledge that any type of information or content on the website, or provided through it, is illegal, or violates the rights of third parties, or is harmful, insulting, violent, inappropriate, contrary to the contents of the present Conditions of Use, or in any way contrary to common decency and social mores, said User may contact BBVA at email@example.com and provide the following information:
- Your personal contact details: name, address, phone number, and email address.
- A description of the facts that show the illegal or inappropriate nature of the content or information and the URL from which said content or information can be accessed.
- In the event the rights of a third party are infringed (i.e. intellectual property or any other rights), the owner of the infringed rights must be identified if they are not the person who revealed the infringement. The title to the property rights it issue must also be shown, as must (if applicable) the powers of attorney issued by the owner, if they are not the person who revealed the infringement.
8. Intellectual property:
The general structure, presentation of symbols, written content, images and animated graphics and, in general, all the elements that form this website together constitute a creation that is protected by current intellectual property laws, with BBVA being the owner of said elements. Except in the event prior authority is obtained from the French branch of BBVA, any partial or full representation, reproduction, adaptation, translation or transformation of this website or any of the elements it comprises by means of any process (especially via "caching" or "framing"), or any sale, resale, transmission or provision thereof to third parties is prohibited and constitutes an infringement. The name BANCO BILBAO VIZCAYA ARGENTARIA, S.A. and the name and logo of BBVA are trademarks of BANCO BILBAO VIZCAYA ARGENTARIA, S.A.
9. Processing customer complaints - mediation service:
In the event of any problem or complaint relating to the functioning of a product or service provided, customers of the French branch of BANCO BILBAO VIZCAYA ARGENTARIA, S.A. (Hereinafter "BBVA") may visit their nearest branch or contact the customer service department of BBVA's Central Office in France. The contact details for this service are as follows: BBVA - Service Relations Clientèle - 29 avenue de l'Opéra 75001 Paris tel. 01 44 86 83 48 Email: firstname.lastname@example.org.
BBVA agrees to acknowledge receipt of the complaint within two business days and to respond to it within ten days, unless, due to its complexity, the processing of this complaint requires an in-depth analysis that would not allow these periods to be met. In this case, the customer will be informed before this ten-year response period expires and a maximum response period will be set that cannot exceed two months from the date of receipt of the complaint. If the complaint is related to a payment transaction registered within the scope of the EU Directive on payment services as set forth in Article L.133-I of the Monetary and Financial Code or is submitted through the online banking service, the periods of ten days and two months will be fifteen and thirty-five business days, respectively.
Customers who are not satisfied with the way their complaint is dealt with, or who do not obtain a response within the established time limits, wherein the dispute or discrepancy persists with regard to the product or service rendered (account or credit management, payment services, investment services, financial investments and savings products), as well as with regard to the marketing of insurance contracts that are directly related to a banking product or service offered by BBVA in France (for example, credit life insurance) may, in accordance with the conditions set forth in article L.316-1 of the Monetary and Financial Code (and, where applicable, subject to the conditions set forth in Title V of Book I of the Consumer Code) freely lodge a complaint with the mediator appointed by the French branch of BBVA, who shall be a Mediator registered with the French Banking Federation (FBF). The complaint file must be sent to the following address: "Monsieur le Médiateur" Boîte Postale n° 151 75422 PARIS CEDEX 09 (or by email to: email@example.com) or submitted online using a specific form on the website http://www.lemediateur.fbf.fr /. The mediation is carried out in accordance with the FBF mediation letter annexed to the mediator's latest annual report, which can be consulted on the website http://www.lemediateur.fbf.fr /.
Disputes relating to insurance contracts that are not within the scope of the way they were marketed will be forwarded to the Insurance Broker by the FBF Mediator. The customer who has contacted the FBF mediator will be informed about this transfer, as well as the position and contact details of this new contact person.
Complaints about the aforementioned areas may only be submitted by private individuals who are not acting on professional grounds. The Mediator must decide on the merits of the case within two months of the complaint being lodged and will thereafter issue a solution to it.
Professional customers of the French branch of BBVA who are not satisfied with the way their complaint is dealt with, or who do not obtain a response within either of the established time limits, wherein the dispute persists with regard to the amounts payable for the payment instruments that may be used in the payment account (1), or a payment transaction or a payment instrument (not a check or a bill of exchange) (2), or the payment services provided as part of the NETCASH online banking services (3) and by BBVA as the payment services provider (4) may freely contact the FBF Mediator by sending a report or submitting a complaint online, as indicated above. In this instance, the mediation will be performed in accordance with the terms of the letter of mediation for professionals, which is available on the website http://www.lemediateur.fbf.fr/, and the mediation will be concluded within 90 days of the report being completed (at the latest). The Mediator may extend this period in the event of a complex dispute. If this happens, it will notify both BBVA and the professional customer.
In any case, the Mediator will only have competence to issue a ruling when legal proceedings about the same dispute exist. In order to file a complaint with the Ombudsman, any legal proceedings brought by BBVA must be suspended until notice of the recommendation is issued, with the exception of the precautionary measures initiated.
(1) in the sense the complaint is directed against the application of those of section 5 of chapter II of title 1 of book 1 of the Monetary and Financial Code.
(2) under chapter III of title III of book 1 of the Monetary and Financial Code,
(3) under Chapter IV of title I of book III of the Monetary and Financial Code
(4) under Chapter 1 of title II of book V of the Monetary and Financial Code
10. Cookies installation and management:
In order to provide the services requested by website users and improve its security, the French branch of BBVA will install one or more cookies in the user's device (computer, smartphone or tablet). For more information on BBVA's general policy on the installation of "cookies," see the cookies policy, which is available on the website and describes BBVA's policy on the installation of "cookies" in detail and explains the technical options users may employ to avoid registering "cookies" and how to delete them via their browser.
The cookies used on the "bbva.fr" site are strictly necessary for the use and provision of the website services and are only used to control the start and end of sessions, connect the user's actions ("user session cookies") and register their preferences (language and date and amount format). However, if the user's browser is set up to refuse the installation of cookies, it will not be possible to access the website or the services offered.
III ELECTRONIC MESSAGING AND PROCESSING PERSONAL DATA
1. Processing emails:
Emails sent to the addresses featured on this website will be processed automatically as regards message content, date and time of receipt, the sender's email address and, sometimes their name and surname(s), and will also be subject to other data sent automatically by the user's email program. The email addresses collected will be saved for a maximum of three months. Users who have sent an email can ask for their email address to be deleted at any time by contacting the BBVA Central Office for France at firstname.lastname@example.org. It is important to remind website users that messages sent to the bbva.fr website outside the secure session are not protected against the risks of interception or modification. For this reason, the French branch of BBVA recommends, where possible, using either a secure session or postal mail to send personal information.
2. Computer management and freedoms - Protection of personal data:
(A) The "bbva.fr" website of the French branch of BBVA is registered with the National Commission for Information Technology and Freedoms (CNIL - France).
(B) BBVA's personal data protection policy is presented in detail in a communication addressed to customers and their authorized signatories and is published online on the website. A general presentation document of this policy is also published online on the website.
(c) Without prejudice to the information provided in these documents, users of the site are informed of the following:
i. Users who wish to receive information from the French branch of BBVA, whether by telephone or email, must give their express consent in advance and provide their telephone number and/or email address. Users can ask to stop receiving these communications at any time by sending a simple request by mail to the French branch of BBVA or by sending an email to: email@example.com.
ii. The personal data collected at the time of subscription and while the products and services offered by the French branch of BBVA are being provided enable the bank to provide said products and services, as well as related services, and comply with legal obligations (or, where applicable, satisfy its legitimate interests as specified in the relevant agreements): they are primarily needed for the correct performance of the agreements governing these products and services and/or the fulfillment of its legal obligations. For this reason, replies to queries submitted after products and services have been engaged and while they are operational are considered to be binding. Users' replies to information requests issued through online questionnaires or forms are also binding and are required so the requests at issue can be processed. Accordingly, such replies shall mean that a user agrees to the information they provide being automatically processed and stored.
iii. The consent of each person whose personal data is requested shall be expressly collected, if applicable, by means of the personal data request forms that are not strictly necessary for BBVA's fulfillment of its legal obligations or where use of such data is for purposes other than performing the agreements to supply the products or services offered by the French branch of BBVA or the latter's compliance with its obligations (or alternatively, where applicable, to deal with its legitimate interests as specified in the relevant agreements), as well as for marketing purposes.
iv. In accordance with Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on the information accompanying transfers of funds, some of the personal data collected must be transmitted when transferring funds to the payee's bank in a country that is either within or outside the European Union.
v. Anyone who has provided personal data in relation to use of the website of the French branch of BBVA and who has either engaged or uses one of its products or services may, at any time, exercise their access, correction, deletion and opposition rights or right to restrict the processing of their data, as explained in communications about BBVA's privacy policies published online and as described in these documents, in accordance with the regulations and within the limits established therein. However, if use of said data is opposed or a request is submitted to delete it, the French branch of BBVA may not be able to continue to offer the service or product that employs this data (or all or part of the associated services), as it will not be able to process the personal data required to correctly perform the agreements to supply these products or services and/or to enable BBVA to comply with its legal obligations. In this case, BBVA will inform the person concerned of such circumstance.
vi. You can exercise these rights by making a simple request through the BBVA branch in France or the BBVA customer service department in France, at firstname.lastname@example.org. Following the death of the interested party, his or her heirs may exercise these rights to the extent needed to organize and settle their estate, or BBVA may exercise them in accordance with the post-mortem guidelines that the person at issue has established, if applicable, in accordance with the law.
Banco Bilbao Vizcaya Argentaria S.A. ("BBVA") S.A. incorporated as a public limited company under Spanish law, with a capital of €3,267,264,424.20 and registered office in Bilbao (Spain), Plaza San Nicolás, 4 R.M. M. Vizcaya T 2083 L 155, Sec 3a F 183 H 14741 BBVA Central Management in France (1º) 29, Avenue de l'Opéra RCS Paris 349358887-Tel. + 33 (0) 1 44 86 83 00. email@example.com www.bbva.fr. Contact DPO at: firstname.lastname@example.org or in France at: email@example.com Contact broker at: M. le Médiateur FBF B.P. n°151 75422 Paris Cedex 09 firstname.lastname@example.org. Insurance agent ORIAS no. 07207869 available at www.orias.fr.