LEGAL NOTICE BBVA.FR WEBSITE
I - IDENTITY
The publisher of the website "bbva.fr" is the French subsidiary of BANCO BILBAO VIZCAYA ARGENTARIA S.A. ("BBVA") a credit institution set up in the form of a public limited company under Spanish law, with a share capital of €3,267,264,424.20 and with headquarters in Bilbao (Spain) 4 Plaza San Nicolas, registered with the Trade Register of Vizcaya under the number R.M. Vizcaya T 2083 L 1545 Sec 3a F 183 H 14741.
Central Management for BBVA France: 29, avenue de l’Opéra 75001 PARIS SIREN 349 358 887 – RCS Paris. VAT FR 15349358887.
Legal representative and Director of the publication: The Central Director for France of BBVA Mr. Thierry Barbier
Contact: Sales department. Telephone 01.44.86.83.48
Host: BBVA S.A. Calle Batanes Nª 3, Tres Cantos, Paseo de Recoletos, 10 - 28001 - Madrid. Zip Code (CP) 28760 - Spain, Company Tax ID (CIF A-48-265169)
Webmaster: Sales Department of the French subsidiary of BBVA:
E-mail: email@example.com Tel. 0 144 868 348
The French subsidiary of BBVA is authorized as a bank providing investment services, to perform all banking and credit transactions and to provide all investment services in France in accordance with the program of activities communicated to the ACPR (French Prudential Supervisory Authority). The ACPR draws up, maintains and publishes the list of credit institutions online that may operate in France and the activities they are authorized to carry out there. This list can be accessed from the site www.banque-france.fr.
The French subsidiary of BBVA is an insurance intermediary and registered with ORIAS (French Organization for the Register of Insurance Intermediaries) under the number 07 027 869 and can be found at www.orias.fr.
For BBVA consumer customers: Ombudsman contact: M. le Médiateur FBF B.P. no.151 75422 Paris Cedex 09 firstname.lastname@example.org.
The French branch of the BBVA is subject to the control of the European and Spanish authorities, and in particular the European Central Bank and the Bank of Spain, which are the supervisory authorities on which it depends under the Single Supervisory Mechanism (SSM). established by the European Union, as well as that of the Prudential Control and Resolution Authority and the Autorité des Marchés Financiers, each of which is responsible for ensuring compliance by the French branch of BBVA with the mandatory provisions of French law and the other provisions of general interest applicable to its activities in France, whose details are as follows:
ACPR - French Prudential Supervisory Authority www.acp.banque-france.fr
61 rue Taitbout - 75436 Paris Cedex 09
AMF - French Financial Markets Authority www.amf-france.org
17 place de la Bourse - 75082 Paris Cedex 02
The French branch of BBVA is also subject to the supervision of the DGCCRF for all matters related to compliance with French regulations on consumer protection (General Directorate for Fair Trade, Consumer Affairs and the Prevention of Fraud: contact details on the website www.dgccrf.bercy.gouv.fr).
Deposit Guarantee and Security Guarantee Information:
Deposits in Euros (or in a currency of another country of the European Economic Area) on deposit accounts opened with the French subsidiary of BBVA (deposit and payment accounts, current accounts, term accounts and passbook accounts outside Livret A [Passbook Savings Account], Livret de Développement Durable [Sustainable Development Passbook Deposit] and Livret d’Epargne Populaire [People's Saving Passbook Account]), are guaranteed by the deposit guarantee fund set up by the Spanish public authorities in the terms and conditions described in the "General Information on Deposit Protection" section of the site.
The return of financial instruments whose custody is entrusted to the French branch of BBVA is guaranteed by the securities guarantee mechanism established by Royal Decree 2606/1996 of 12/20/1996 as amended and placed under the auspices of the Fund. Spanish Deposit Guarantee ("Fondos de Garantía de Depósitos de Entidades de Crédito"). This guarantee mechanism covers deposits of securities and financial instruments up to a limit of € 100,000. This guarantee covers the non-return of securities and financial instruments, but in no case the impairment losses of the investment. All information on the content of this guarantee, and its implementation are available on request from the French branch of the BBVA or on the website of the "Fondo de Garantía de Depositos" www.fgd.es.
II - CONDITIONS OF USE OF THE SITE
The terms and conditions of use set out below govern the use of the website bbva.fr.
By accessing and using the website, the user unreservedly accepts these terms and conditions of use and undertakes to adhere to them. In turn, the website user must read them each time he or she accesses the website, as these terms and conditions are subject to amendments, and the user is notified of such amendments upon entry.
The user shall use the website legally, pursuant to applicable law, good faith and public order. Similarly, the user undertakes not to use the website for fraudulent purposes or to carry out activity that could harm the image, interests or rights of BBVA or any third party. The user undertakes not to commit any act that is likely to damage, disable or overload the website or that may, in any way, hinder its normal use and operation.
All users are informed that in the event of breaching of these terms and conditions of use or any other terms and conditions available on the website, BBVA reserves the right to limit, suspend or terminate access to its website, by taking the technical measures it sees necessary for such a purpose.
BBVA also reserves the right to take the aforementioned action in the event that it has reasonable suspicion that the user is in breach of any of the terms or conditions of use of the website or any other terms or conditions available on the website.
In the event of technical issues or particular circumstances not related to BBVA, BBVA may also prohibit, limit or prevent access to its websites, and reduce or replace the adopted security standards in order for the website to function correctly. For this purpose, BBVA reserves the right to decide whether to continue to provide the information and services through a website.
"bbva.fr" is a site designed to inform prospective clients and customers residing in France and to provide customers in France BBVA financial services available on subscription. This website is published in France and each user accepts that French laws apply to it. The fact that certain technical or computer elements used in the operation of this website may be located in Spain does not in any way affect the full submission of the site to French laws.
The information on the website bbva.fr is for information purposes only, does not constitute an offer of products or services and does not contractually bind BBVA. The "individual" or "professional" BBVA customers in France who want to apply for a service or a product mentioned on this website or to subscribe to the website services portal must go to a branch in France of the French subsidiary of BBVA to inquire about the same and to register by filling out the service registration form, after being briefed on its availability, the contractual terms and conditions (general conditions + technical annexes), and the rates applicable thereto. The terms, conditions and rates of access and use of the portal may be requested by any "personal" and "professional" BBVA client in France from the agency where his account is held and who will give him the general conditions and the rates of the subscription. Use of the site is for personal use (and non-trading for "personal" customers), and is subject to compliance with its conditions of use.
1. Information and indices published on the site:
The information and indexes available on the website are published by the French subsidiary of BBVA on the basis of suppliers and sources deemed to be reliable. However, BBVA does not have control over the accuracy, timeliness, quality, relevance or completeness of the information and indexes published and shall not in any case be liable for outdated, incorrect or incomplete information obtained from external suppliers.
Anyone using this website is entirely and solely liable for any use that may be made of this information and indexes, especially in decisions or actions that may be taken on the basis of said information and indexes and results obtained.
2. Information on products and services:
No information of any kind available on the website may be considered to constitute an offer by the French branch of BBVA for the purchase, sale, subscription or provision of services, or an offer to buy or sell financial instruments or any other investment or insurance product, or a solicitation which may be assimilated to a canvassing operation in the sense of Sections L.341-1 and following of the Monetary and Financial Code. This information does not constitute a technical, legal or tax recommendation or advice.
Anyone wishing to acquire a service or product described on the website must visit a branch in France of the French subsidiary of BBVA in order to inquire about its availability, the contractual terms and the rates that apply.
Any request for online subscription of a product or service offered by BBVA is valid only after acceptance by BBVA and involves the submission of the operation to contractual conditions and tariffs in force, as well as to French law.
Warning for non-residents (residents outside France):
Access to the information and products presented on this site may be restricted in respect of certain persons or in certain countries other than France. None of the services or products is intended for a person if the law of his/her country of origin or any other country concerned so forbids: it is the responsibility of anyone wishing to purchase products or services, to check with their usual advisers that their legal or tax status enables them to subscribe to such products or services.
Warning for "US Persons":
BBVA is not registered as a trader ("broker-dealer") under the US Securities Exchange Act of 1934, as amended (the "1934 Act"), or under any other law applicable to United States. In addition, financial instruments that may be presented or, if applicable, subscribed on the site are not, unless expressly stated otherwise, registered in the United States with the Securities Exchange Commission ("SEC").
Consequently, the use of the site as well as the services or products presented or accessible online are not intended for "US Persons" and can not be subscribed by these persons, except in application of an exemption expressly provided by the applicable law in the USA. A "US Person" is, in general, any natural person resident in the United States or any entity organized or established under the laws applicable in the United States. US citizens not present on US territory are also likely to be classed as US persons under certain conditions.
3. Specific information on financial instruments:
The terms and conditions for financial instruments are indicative. The information concerning the financial instruments on the site does not constitute an offer to buy or sell, a public offer or any promotional communication soliciting users of the site on the part of the French branch of the BBVA.
In the context of its legal and regulatory obligations (in particular those resulting from the European Directive on Markets in Financial Instruments - Directive MIF- and its implementing texts or any other normative text that supplements or replaces them) BBVA may, depending on the type of financial instruments and/or the type of investment service it offers to a client and the classification it assigns to it, ask the customer for information on its investment knowledge and experience, in relation to the specific type of financial instrument or service proposed or requested, to be able to determine whether the service or financial instrument is appropriate. The information requested may relate, where appropriate, to the client's financial situation, including its ability to sustain losses, and its investment objectives, including its risk tolerance, so that it may recommend investment services and appropriate financial instruments adapted to its tolerance for risk and its ability to sustain losses.
Without prejudice to the legal or regulatory obligations of BBVA, each investor must complete, before any investment in a financial product or instrument or before entering into any transaction relating thereto, their own analysis of the product or instrument and its risks, notably from a legal, tax and accounting point of view, without relying exclusively on the information provided to them; each investor must consult, if they consider it necessary, their own advice on this matter or that of any other professional of their choice. Subject to compliance with the legal or regulatory obligations of BBVA, BBVA can not be held liable for the financial consequences or of any nature whatsoever resulting from any transaction relating to the product or the financial instrument or from any investment in the product or the financial instrument.
When simulated past results or past results are presented, the data are related to past periods and are not a reliable indicator of future results. The same applies to the evolution of historical market data. When simulated future results are presented, the data related to these results are solely forecasts and are not a reliable indicator of future results of the product. In addition, when past results or simulated past results are based on data expressed in a currency which is not that of the income, wealth or state of residence of the investor, the potential gains can grow or decrease depending on exchange rate fluctuations. Finally, when past results or simulated results (whether past or future) are presented, any gains may also be reduced by the effect of commissions, levies or other charges borne by the investor.
5. Availability and security of the site and access:
The French branch of the BBVA will make its best efforts to allow 24/7 access to its site, but can not guarantee it given the maintenance periods and the possible IT and technical failures likely to affect its access or availability. BBVA cannot be held liable in any capacity whatsoever, and without this list being exhaustive, in case of modification, suspension or discontinuance of the website.
The information, and in particular the connection identifiers, transmitted on the site as part of an access to the subscriber portal, are secured by means of encryption methods intended to prevent an unauthorized third party from accessing, distorting or diverting them, in particular for his/her own benefit.
However, in spite of all the measures taken by the French subsidiary of BBVA to ensure the security of its website, there can be no guarantee that malicious third parties cannot fraudulently include links to other websites and other content accessible over the Internet, modify the content of the website or attempt to steal bank account numbers or login credentials, by asking customers - through an email or a "pop-up" window - to visit a fake website portraying the French subsidiary of BBVA, in order to confirm their login credentials. The French branch of the BBVA will make its best efforts to foresee and prevent such acts but can not be held responsible for the harmful consequences of this type of fraud once it has complied with the security procedures generally applied by credit institution website publishers.
In this regard, users are reminded that IN NO CASE will the BBVA's French branch ask them to confirm their login credentials by e-mail or any other unsecured method that is distinct from the secure access to the site. Any request for login credentials purporting to be made by BBVA, or any anomaly as to the appearance or use of the service should be immediately reported to the BBVA France Central Office or the webmaster of the website at the email address email@example.com
Users are also reminded that no employee, service provider or partner of BBVA holds or is entitled to hold the user's login details, which are kept by BBVA in an encrypted format in order to prevent theft.
6. Limited liability of BBVA:
BBVA's liability for any damages that may result from the access or use of its website (or from sites linked to it) may only be engaged if such damages are direct and proven damages resulting exclusively from breaches of a particular gravity committed by BBVA in compliance with its publishing, maintenance and security obligations generally implemented by credit institution website publishers.
The hypertext links that may be offered to other sites are provided for informational purposes only and are not the responsibility of the BBVA, not only with regard to their access conditions and all their direct or indirect content but also technical risks. In any case, the existence of these links by no way means that BBVA promotes these websites or that it agrees with the statements, contents and services they provide. By agreeing to use a hypertext link to access an external website, the user agrees to take a risk and to potentially suffer direct or indirect damages. If the user considers that a website that can be accessed from a hyperlink available on a BBVA website hosts content that could be illegal, violates the rights of other persons, or is harmful, degrading, violent, inappropriate, or transgresses standards of public decency, he or she may notify BBVA at the following email address: firstname.lastname@example.org
BBVA is not responsible for hypertext links that may point to its site and prohibits anyone from setting up such a link without its express and prior authorization. If such authorization is given, the hyperlink to the website must comply with the following rules:
The link must not open windows to enable the BBVA website to be viewed from URLs other than those of BBVA or display the information of the BBVA website by integrating information from other websites.
The website linking to the BBVA website must not contain any falsified, inaccurate or incorrect statements relating to BBVA and its website.
In any case, authorization given by BBVA in no way means that (i) BBVA sponsors, collaborates on, verifies or controls the content or services of the website linking to the BBVA website or that (ii) BBVA is in any way liable for the content of this website.
Any website linking to the BBVA website must comply with the applicable regulations and must not host any proprietary or third-party content (i) that is illegal, violates the rights of others, is harmful, degrading, abusive, inappropriate, or transgresses standards of public decency (pornographic, racist, etc.), or (ii) that could lead the user to believe that BBVA endorses, agrees with or otherwise supports any ideas, statements or expressions, whether lawful or not, published on this website or (iii) that are inappropriate or unrelated to BBVA's activities.
To the fullest extent permitted by French law, the BBVA can not be held liable for all other damages, including any commercial, moral or financial loss, including any loss of profits caused, originated or substantiated by use of the site or its contents.
7. Reporting illegal or inappropriate activities
In the event that a user of the website or any Internet user becomes aware that information or content published on the website or provided through it is illegal, damaging to third parties or is harmful, degrading, abusive, inappropriate or contrary to the terms and conditions of use, or transgresses the standards of public decency or good practices, he or she may contact BBVA at the email address email@example.com, providing the following indications:
Your personal contact details: name, address, telephone number and email address.
A description of the facts revealing the illegal or inappropriate nature of the content or information and the URL to access the same.
In the event of violation of a third party's rights, such as an intellectual property right or otherwise, the user shall be required to identify the owner of the violated rights in the event where the informant is another person. The title of these property rights and, where applicable, the powers of representation of the owner, if he or she is not the informant, must also be provided.
8. Intellectual property:
The general structure, the displaying of symbols, text, images, and animations and, in general, all the elements comprising this website together constitute work owned by BBVA that is protected by applicable intellectual property laws. Except with prior written authorization of from the French subsidiary of BBVA, any partial or complete representation, reproduction, adaptation, translation or transformation, by any means whatsoever (in particular by "caching" or "framing") of this website or any of its elements, as well as any sale, resale, re-diffusion or making available in any way whatsoever are prohibited and constitute an infringement. The name BANCO BILBAO VIZCAYA ARGENTARIA S.A., as well as the name and the logo BBVA, are registered trademarks of the BANCO BILBAO VIZCAYA ARGENTARIA S.A.
9. Processing of customer claims - Mediation Service:
In the event of any difficulty or claim relating to the processing of a product or service provided, each customer of the French subsidiary of BBVA can approach his/her branch and the customer relations department of BBVA France's Head Office. The contact details for this service are: BBVA - Customer Relations Department - 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 claim within two business days and to respond within ten business days unless the processing of it requires a thorough analysis, not allowing for respect of this deadline. In this case, the customer will be informed before the end the ten-day period, and he will be provided with details about the deadline for the response to be sent, which may be no more than two months following the date of receipt of the complaint. If the claim relates to a payment transaction falling within the scope of the EU Payment Services Directive as described in Article L.133-I of the Monetary and Financial Code or carried out by means of the bank service online these ten-day and two-month periods will be fifteen and thirty-five working days respectively.
Any consumer customer of the French subsidiary of BBVA who is not satisfied with the follow-up given to one of his/her claims or in the absence of a response within these deadlines, and a dispute persists regarding the product or service provided in terms of account management, credit, payment services, investment services, financial investments and savings products, or the marketing of insurance contracts directly linked to a product or a banking service distributed by BBVA in France (e.g. borrower insurance), may, under the conditions provided by Article L.316-1 of the French Monetary and Financial Code (and upon referral by those provided for in Title V of Book I of the Consumer Code) be referred free of charge to the ombudsman appointed by the French branch of the BBVA and who is the Ombudsman of the French Banking Federation (FBF). The claim may be sent to them at the following address: Monsieur le Médiateur Boîte Postale n°151 75422 PARIS Cedex 09 (or by email: email@example.com) or may be entered online via a specific form on the website http://www.lemediateur.fbf.fr/. The mediation will be conducted in accordance with the FBF mediation charter appearing in the annex of the last Annual Report of the ombudsman available on the website http://www.lemediateur.fbf.fr/.
Disputes concerning insurance contracts, which come under a different field from their sale, will be transmitted by the FBF's Ombudsman to the Insurance Mediation Service. The customer who has complained to the Ombudsman of the FBF will be informed of this transfer and of the quality and contact details of this new contact person.
For any claims made in the above-listed areas, only individuals who are not acting for professional reasons may be referred to the Ombudsman. The Ombudsman is required to give a decision within two months of the referral, after which the Ombudsman shall recommend a solution to the dispute.
Any professional customer of the French subsidiary of BBVA who is not satisfied with the follow-up given to one of his/her claims or in the absence of a response within these deadlines, and a dispute persists as regards the fees payable for the payment instruments that can be used with his/her payment account (1) , or for a payment transaction or a payment instrument (other than a check or bill of exchange)(2), or for payment services provided as part of the NETCASH online banking services(3) and by BBVA as a payment service provider(4), may also be referred free of charge to the FBF Ombudsman by sending a file or by online referral as indicated above. In this case, the mediation shall be conducted in accordance with the terms of the mediation charter for professionals, available on the website http://www.lemediateur.fbf.fr/ and the outcome of the mediation shall be issued no longer than 90 days from the completion of the file. This term may be extended by the Ombudsman in the event of a complex dispute. BBVA and the professional customer shall, thus, be notified of such.
In any case, the Ombudsman may not be referred to when a legal proceeding on the same dispute is ongoing. However, prior referral to the Ombudsman entails the suspension of any judicial appeal initiated by BBVA up until service of the notice, except for precautionary actions.
(1) defined whereby the claim relates to the application of the provisions of Section 5 of Chapter II of Title 1 of Book 1er of the French Monetary and Financial Code.
(2) defined in Chapter III of Title III of Book 1er of the French Monetary and Financial Code,
(3)defined in Chapter IV of Title I of Book III of the French Monetary and Financial Code
(4) defined in Chapter 1 of Title II of Book V of the French Monetary and Financial Code
10. Cookie implementation and management:
In order to provide the services requested by each user of the site and strengthen its security, the French branch of the BBVA must place one or more "cookie(s)" in the user's terminal (computer, smartphone or tablet) . For further details on the BBVA general cookie implementation policy, please view this policy which is available on the website and explains in detail the cookie implementation policy applied by BBVA and the technical possibilities allowing users to oppose the registering of cookies and delete them depending on their browser.
Cookies implemented on the website bbva.fr are strictly necessary for the use and provision of services of websites visited and their exclusive purpose is to control the sign-ins and sign-outs and linking user actions ("User session cookies"), and the recording of some of his or her preferences (such as language, date formats and amounts). However, if the browser is configured to refuse the implementation of cookies, it will not be possible to access the website and the services offered.
III - ELECTRONIC MESSAGING AND PROCESSING OF PERSONAL DATA
1. Processing of e-mails:
E-mails sent to the addresses appearing on this site will be subject to automated processing of information relating to the contents of the message, the date and time of its reception, the e-mail address of its author and sometimes to his/her name and surname(s) as well as other information automatically sent by the user's e-mail software. Collected email addresses will be kept for a maximum of 3 months. Users who have sent an email may request the erasure of their email address at any time by contacting the BBVA France Central Office at firstname.lastname@example.org. Users of the site are reminded that messages sent to the bbva.fr site via the Internet without secure access are not protected against the risks of interception and modification. For the sending of personal information, the French branch of the BBVA recommends the use, whenever possible, of secure access or postal mail.
2. Data protection - Personal data protection:
(a) The website bbva.fr of the French subsidiary of BBVA has been declared to CNIL (the French National Data Protection Commission).
(c) Without prejudice to the information provided in these documents, we hereby inform users of the website that:
i. Anyone wishing to have the BBVA's French branch send information to them by phone or e-mail must first expressly consent and provide their telephone number and/or e-mail address. The user may at any time interrupt these communications upon simple request by sending a letter addressed to the French subsidiary of BBVA or by email addressed to: email@example.com
ii. The personal data gathered during registration and while using the products and services of the French subsidiary of BBVA are those enabling us to provide the user with these products and services and related services, or in order to fulfill a legal obligation (or, where appropriate, to meet the legitimate interests of the user as set out in the relevant agreements): they are chiefly necessary to correctly enforce agreements relating to these products and services and/or necessary for BBVA to fulfill its legal obligations. This is why the answers to the questions asked during the subscription of these products and services and in the course of their operation are obligatory. In the same way the users' answers to the information requests formulated by the questionnaires and forms put online are obligatory for the processing of their request and their communication will act as consent for their storage and automated processing.
iii. The consent of each person of whom personal data shall be requested shall, where appropriate, be expressly collected in the application forms for the provision of personal data that are not strictly necessary for BBVA to comply with its legal obligations or for the use for purposes other than the execution of agreements to provide products or services of the French subsidiary of BBVA or the fulfillment by the latter of its obligations, (or, as stated above, where appropriate, to meet the legitimate interests of the user as set out in the relevant agreements), such as carrying out marketing prospecting actions.
iv. Pursuant to EU Regulation 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds, some of the personal data collected must be disclosed when funds are transferred to the bank of the payee located in a country within the European Union or outside the European Union.
vi. The data subject may exercise these rights by sending a request to the BBVA branch in France or the BBVA customer service department in France at the email address firstname.lastname@example.org. After the death of the data subject, such rights may be exercised by his or her heirs, where necessary, in order to organize and settle the inheritance left by the data subject, or implemented by BBVA in accordance with any post-mortem directives specified by the data subject, as permitted by law.
Banco Bilbao Vizcaya Argentaria S.A. ("BBVA") S.A. under Spanish law, with a share capital of €3,267,264,424.20 and headquarters in BILBAO (Spain) 4 Plaza de San Nicolas R.M. Vizcaya T.2083 L. 1545 Sec.3a F.183 H. 14741 with its main establishment in Paris, France (1st) 29. Avenue de l’Opéra RCS Paris 349358887 – Tel. +33 (0)144 868 300. email@example.com www.bbva.fr . DPO contact firstname.lastname@example.org or for France email@example.com Ombudsman contact: M. le Médiateur FBF B.P. n°151 75422 Paris Cedex 09 firstname.lastname@example.org . The insurance intermediary N°ORIAS n°07207869 can be reached at www.orias.fr . May 2018 edition