GENERAL CONDITIONS OF USE

 

Article I: Object

These general conditions define the rules for operating and using the   internet site and mobile application (hereafter termed the Services) proposed by BNP Paribas through its section "Epargne & Retraite Entreprises" to the Companies (hereafter termed Corporate Clients) which have concluded with  BNP Paribas Epargne & Retraite Entreprises an "account operating agreement" or "register operating agreement" and/or to the Employees of theses  Corporate Clients (hereafter termed employees or Beneficiaries).
The Corporate Client must appoint a correspondent in charge of representing it in its relations with BNP Paribas Epargne & Retraite Entreprises (hereafter termed Company Correspondent) and indicate his(her) identity to BNP Paribas Epargne & Retraite Entreprises.
The  internet site enables, subject to the respect of the conditions defined below, the Corporate Clients and its Employees to obtain information of a general nature concerning the save-as-you-earn and employee pension schemes, the Employees to consult the status of their account and effect  transactions in it either directly or  through their Company Correspondent, and the Corporate Client (via its  Company Correspondent) to  consult the situation of the save-as-you-earn and employee pension scheme.
The mobile application enables, subject to the respect of the conditions defined below, the Employees to consult the status of their account and effect transactions in it (directly).

Article II: Accessing the site in direct or indirect contact mode

On signing the agreement – whether account-keeping or register-keeping - the Corporate Client adheres to the Services and can opt for a direct or indirect management mode for its relations between its Employees and BNP Paribas Epargne & Retraite Entreprises.
In Direct Relation:  each Employee has direct access to the Services.
In Indirect Relation:  unless otherwise provided, the Employees only have access to the consultation services of the Services. The transactions are effected on behalf of the Employees through the Company Correspondent which alone has access to the entirety of the internet site functions and its operational part.

 

Article III: Conditions of access to the secure Services

Access to the secured Services is restricted by the use of a username and a password.
1) Attribution of the Username and password:
In Direct Relation: the username and the associated password attributed to each Employee and the Company Correspondent are communicated by BNP Paribas Epargne & Retraite Entreprises to each account-holder concerned.
In Indirect Relation: the usernames attributed to each Employee and to the Company Correspondent is communicated by BNP Paribas Epargne & Retraite Entreprises to the Company Correspondent. The password is communicated by BNP Paribas Epargne & Retraite Entreprises to each account-holder concerned. The Company Correspondent is responsible for delivering to each Employee the username that concerns him(her).
2) Username and password
The access data (username and password) allow access to the secured Services of the internet site, mobile application, and the voice server of BNP Paribas Epargne & Retraite Entreprises. These data are common to the internet site, mobile application, and the voice server. The holder of these access data - whether Company Correspondent or Employee - receives, by separate mail, his(her) username on the one hand (except in  In Indirect Relation where the username is delivered to each Employee by the Company Correspondent) and a provisional password on the other, which he(she) has to modify the first time he(she) connects. He(she) is also recommended not to choose a password too easily detectable by a third party (such as a birthday for instance).
3) Liability of the account-holder
The username and the password have a strictly personal and confidential character. Their account-holder expressly undertakes to preserve their confidentiality and bear all the consequences that may result from their disclosure whether voluntary or not.
You are reminded that the secrecy of correspondence is not guaranteed on Internet and that your secret code is confidential and must never be communicated either orally or by e-mail.
BNP Paribas will never ask you for your username or password - neither by e-mail nor by telephone.
In particular, the account-holder must be vigilant as to the origins of fraudulent e-mails which may copy the graphics and name of the BNP Paribas Epargne & Retraite Entreprises internet site or mobile application and ask you for your access data ("Phishing"). When fraudulent e-mails circulate the account-holder must not click on the link(s), or answer these e-mails, or communicate his(her) access data… even if he(she) is requested by an official body.
It is consequently expressly agreed that any connection preceded by a username and password is deemed to come from, whatever its origin, the account-holder to whom they have been attributed, except in case of contestation in the conditions provided for in article IV below.
4) Renewal of the password

The Employee has the possibility of modifying his password on the space of the internet site or mobile application provided for the purpose ("Lost password?"). In this case he can choose to have it sent to him(her) by e-mail or SMS (if he has filled in the corresponding data in his(her) personal space) or, in default, by post.
The  Company Correspondent must contact its account manager to have its password renewed.

 

Article IV: Opposition

The account-holder of the access data, Employee, or Company Correspondent undertakes to notify opposition immediately in case of loss or theft of his(her) access data.
In Direct Relation: the opposition is notified by the account-holder concerned directly to BNP Paribas Epargne & Retraite Entreprises.
In Indirect Relation: the opposition is notified by the account-holder concerned to the Company Correspondent which transmits the opposition to BNP Paribas Epargne & Retraite Entreprises.
Notification of the opposition to BNP Paribas Epargne & Retraite Entreprises may be  made via the  internet site or mobile application on the page "Contact us" or by registered delivery to the following address: BNP Paribas Epargne et Retraite Entreprises - TSA 80007 - 93736 BOBIGNY CEDEX 09.
The  oppositions made via the internet site or mobile application  must be confirmed by registered delivery to  BNP Paribas Epargne & Retraite Entreprises to the address indicated above.
In the event that the date of opposition is contested, only the date of reception of the written confirmation by BNP Paribas Epargne & Retraite Entreprises shall serve as proof between the parties.
Failing opposition, BNP Paribas Epargne & Retraite Entreprises is entitled to deem any connection to the   internet site or mobile application by means of the access data to be irrebuttably from the account-holder to whom they have been attributed.

 

Article V: Acceptance and modification of the general conditions of use of the secure Services

After identifying himself/herselff with his(her) access data and modifying his(her) password, the Employee or the  Company Correspondent must consult and accept the general operating conditions of the Services on connecting to  the  Internet for the first time, before having access to the functions of the Services.
Every modification to these general conditions shall be notified immediately to the users via the  internet site or  mobile application right from their connection subsequent to the said modifications.
At any event, any use of the functions of the internet site or mobile application is valid as acceptance of the said general conditions of use.
The proof of the acceptance of the general operating conditions is conserved by the systems of BNP Paribas Epargne & Retraite Entreprises. In the event of modification to the general conditions, only the proof of this acceptance is conserved.
At any time the Employee or the Company Correspondent may consult the general conditions under the heading "General conditions of use" on the internet site.

 

Article VI: Inability to access the secure Services

The account-holder of the access data - Employee or Company Correspondent – has three attempts to compose his(her) username and password. At the third unsuccessful attempt the Internet connection is broken and he(she) is denied any further access. In this case he(she) must immediately inform BNP Paribas Epargne & Retraite Entreprises and can obtain the reminder of his(her) username and the communication of a new password on the space of the internet site or mobile application provided for the purpose (space "Lost password?") or by post to the address indicate in article IV.

 

Article VII: Length of access to the Secured Services

The access to the Services is concluded for an indeterminate period from the date on which BNP Paribas Epargne & Retraite Entreprises transmits his(her) access data to the Employee and /or Company Correspondent.
The access to the Services immediately comes to an end in case of termination of the account opening and asset management agreement or of the services provision agreement in the context of the keeping of the blocked current accounts.
The Employee or Company Correspondent may at any time request his(her) access to the Services to be terminated by written notification to BNP Paribas Epargne & Retraite Entreprises at the address indicated in article IV. The withdrawal of access shall take effect on the day BNP Paribas Epargne & Retraite Entreprises receives the notification.
When the request for access withdrawal concerns the Company Correspondent, the Corporate Client must designate a new intermediary and so inform BNP Paribas Epargne & Retraite Entreprises.
In the event of a serious fault by the Employee or Company Correspondent, BNP Paribas Epargne & Retraite Entreprises may terminate the access to the Services immediately.

 

Article VIII: Functionalities of the secure Services

1) General information

BNP Paribas Epargne & Retraite Entreprises provides:
- on its internet site, general information concerning the employee save-as-you-earn and pension scheme,  news, the presentation of investment funds, and simulations as well as detailed files concerning advance refunding of the capital.
- on its  mobile application, news and the presentation of investment funds.

The  internet site and mobile application enable the data’s owner, Employee, or  Company Correspondent to receive messages that are general in character or  specific to the Corporate Client of which he(she) is a member.

2) Operations

The Employee may carry out the operations described below, according to the agreements in place in his(her) company.
On our internet site and our mobile application the following operations are concerned in particular:

- Consultations of the balance of the employee’s savings account and the operations made,
- Voluntary payments:

It is the Employee's responsibility to ensure that all their voluntary payments (including income from a time savings account allocated to a company savings plan), for all employee savings plans combined, do not exceed, for any given year:
- 25% of their gross annual remuneration if they are a salaried employee,
- or 25% of remuneration for functions performed in the Company whose amount is included on their tax return in the category of salaries and wages if they are the head of a company or corporate officer,
- or 25% of their professional income included on the tax return for their activity in year N-1 if they are the owner of a sole proprietorship or an independent professional,
- or 25% of amounts received from pension or pre-pension benefits if they are retired or pre-retired,
- or 25% of PASS if they are the spouse of an employee or of an associate, or if they are an employee whose work contract is suspended, and who has received no remuneration during the year of the payment. 
The Employee is informed that as part of its regulatory requirements in terms of the prevention of money laundering and the financing of terrorism, BNP Paribas must monitor voluntary deposits once the cumulative annual amount of these payments exceeds €8,000 (eight thousand euros). If the supporting documents requested by BNP Paribas during this control (copy of national ID card and indication of the origin of all the beneficiary’s income for the calendar year underway) are not provided, the voluntary payments made by the Employee are refused (regardless of the method of payment).
Moreover, in the event that the beneficiary loses this status, they can no longer make voluntary payments and are responsible for cancelling their scheduled voluntary payments via automatic direct debit according to the methods described below.
 

  • By bank card:

To make the payment, the Employee must enter the amount and its distribution between savings plans (PEE and/or PERCO) and investment vehicles.
Once this step has been approved, they will be redirected to the Paybox system server on which the transaction will be carried out. This server issues a reminder of the security rules that must be followed to carry out the transaction.
After entering their bank card information and any confidential information required by their bank (birth date, password, code received via SMS, etc.), the transaction will be validated subject to the bank’s approval of the Paybox transaction.

The Employee must be the holder of the bank card used for the payment. The latter may be refused for several reasons: for example, if the authorised spending limit has been reached or if the bank card information is incorrect.

  • By direct debit from a bank account:
1.    Automatic direct debit procedures
To set up payments via automatic direct debit, the Employee must fill out and sign a pre-authorised debit agreement accompanied by their bank details comprising the IBAN and the BIC of the account in question. Payments may only be withdrawn from a bank account opened in the name of the Employee, whose official residence must be located in mainland France, the overseas departments or Monaco.
N.B.: if more than 36 months have passed since the last deduction, the Employee can only resume making payments via automatic direct debit by filling out and signing a new pre-authorised debit agreement accompanied by bank details comprising the IBAN and the BIC of the account in question.
In the event of a change in their banking information, the Employee must provide BNP Paribas - Epargne & Retraite Entreprises with new banking details comprising the IBAN and the BIC of the account in question.
For security reasons, the amount of each voluntary payment via automatic direct debit is limited to €15,000 (fifteen thousand euros).
The Employee must ensure that their account has sufficient funds during the debit period.

 

Scheduled payments by automatic direct debit (available only on the Site):
 
The Employee selects the frequency of payment (monthly, quarterly, half-yearly), the amount and its distribution between savings plans (PEE and/or PERCO) and investment vehicles.


                            AND/OR
 

? One-off payment by automatic direct debit:
The Employee chooses the amount of the payment and its distribution between savings plans (PEE and/or PERCO) and investment vehicles.
 

 

2.     Modifying automatic direct debits (available only on the Site)
Scheduled payments may be modified on the Site via “My transactions” > “Modify my scheduled payments”.
The beneficiary can change the frequency of payment (monthly, quarterly, half-yearly), its amount and its distribution between savings plans (PEE and/or PERCO) and investment vehicles.

 

3.     Cancelling automatic direct debit (available only on the Site)
Employees can cancel their scheduled payments at any time on the Site via “My transactions” > “Modifier my scheduled payments” or by mail addressed to
BNP Paribas Epargne & Retraite Entreprises - VVI - TSA 80007 - 93736 Bobigny Cedex 09.
In order to be taken into account, the cancellation request must be received by BNP Paribas - Epargne & Retraite Entreprises via mail, or be made on the Site, at least one month prior to the next deduction.

If they have cancelled scheduled payments via automatic direct debit, the Employee can nevertheless continue to make one-off payments via automatic direct debit. The Employee can renew their scheduled payments via automatic direct debit after a hiatus via the Site or a payment form.
 
If the Employee has agreed to receive notifications of their transactions via e-mail and/or SMS, they will automatically receive an e-mail and/or an SMS confirming the transactions listed above.
 
4.   Unpaid deductions
When the Employee’s direct debit is rejected by their bank due to insufficient funds or for any other reason, BNP Paribas - Epargne & Retraite Entreprises cancels the investment.
Any capital losses generated during this transaction (in the event the net asset value of the purchase is lower than the net asset value of the acquisition of units or shares of the investment vehicle) will be at the Employee’s expense.
Following this rejection, future direct debits are suspended and, should the Employee wish to resume their scheduled payments by automatic direct debit, they must make a new request via the Site or a payment form.

- Modifications to the choice of investments (transfers),
- Demands for Refunding:

  • Savings arriving at term in less than three months (only available on the internet site) or available funds
  • Unavailable savings (only available on the internet site): in case of early release (separately in the case of beneficiary’s decease or over-indebtedness) the Employee may request for the refunding of his(her) frozen credits on his(her) PERSONEO private web space accessible from the  internet site www.epargne-retraite-entreprises.bnpparibas.com (heading “My operations” “Refunding”).
    In this case, he(she) must provide, by post or via his(her) PERSONEO private space, the documentary evidence for his(her) advance refund (with the slip “advance refund dossier on internet”, in case of transmission of the document(s) by post) within the thirty days following the request, date of reception by our services serving as proof (see below), on penalty of having it cancelled.
    In case of transmission of the documents via the PERSONEO private web space, the said documents must be in pdf, jpg, or jpeg format and their size must not exceed 5Mo per transmission. The name(s) of the file(s) must not include accents or special characters.
    The Employee undertakes to transmit documents in conformity to the originals.
    To request his(her) refund, the Employee must also fill in the amount to be released (or the number of shares), its grounds, and its date. He(she) undertakes to respect the conditions for early release provided by legislation.
    Every incomplete or incorrect request file shall be rejected.
    In this case, the Employee shall be so informed by e-mail (if he(she) has entered his(her) e-mail in his(her) PERSONEO private web space  under the heading “My data” “Personal details”) and a detailed explanation for this rejection shall be available for him(her) in  his(her) PERSONEO private web space under the heading “Alerts”.
    In case of transmitting the document(s) via PERSONEO private web space , and subject to the request file being complete, the date of its(their) reception by our services is the same day for document(s) transmitted before 2 p.m. and the following day for document(s) transmitted after 2 p.m. Nonetheless, in case of document(s) transmitted on a non-working day (Saturday, Sunday, or public holidays), it(they) is(are) deemed to be received the first working day after the date of its(their) transmission.

    This reception date serves as proof, in particular, to assure the respect of the eventual period allowed for presenting the request for early release.
    In case of transmission of the documents by post, the date of reception of the complete request file (documentary evidence + slip “request for early refund on internet”) by our services serves as proof.

- Simulations (only available on the internet site) :

The Employee may conduct simulations on the internet site. These simulations are of a strictly indicatory nature. These simulations have no contractual force and do not bind BNP Paribas Epargne & Retraite Entreprises in any way. BNP Paribas Epargne & Retraite Entreprises may not be held liable for any decision made on the basis of these simulations or of their use. The information and details the Employee provides during these simulations are not conserved by BNP Paribas Epargne & Retraite Entreprises.


The Company Correspondent may make the operations described below, depending on the agreements made within his(her) company.
On the internet site these are principally the following operations:

  • Consultations of credits and operations,
  • One-off top up investments,
  • Modifications to the choice of investments (transfers),
  • Refunding requests:
  • Savings available or arriving at term within three months.

Unavailable savings: in case of early release (separately in the case of beneficiary’s decease or over-indebtedness), the Employee may request a refund of his(her) unavailable savings on the internet site. In this case, he must provide the document(s) for his(her) early refund within thirty days of his(her) request on penalty of having it cancelled. These documents must be transmitted in pdf, jpg, or jpeg format and their size must not exceed 5 Mo per transmission. The name(s) of the file(s) must not include accents or special characters.
To request his(her) refund, the Employee must fill in the amount to be released (or the number of shares), its grounds, and its date. He undertakes to respect the conditions for early release provided by legislation.
Every incomplete or incorrect dossier shall be rejected.

 

Article IX: Acts of God - Force majeure

BNP Paribas Epargne & Retraite Entreprises to use its best efforts, within the limits of the state of the art, to ensure the working of the Services in optimal conditions.
Access to the Services and their services is possible 24 hours a day and 7 days a week, subject to the punctual but necessary operations of technical maintenance and updating of computing bases.
BNP Paribas Epargne & Retraite Entreprises is not liable for the transport of data, or for service interruptions subsequent to fortuitous events or cases of force majeure and, in particular, due to:
• industrial action – even partial - occurring at BNP Paribas Epargne & Retraite Entreprises or any other intermediary intervening in the functioning of the telematic services,
• electric power supply failure,
• service interruptions subsequent to a  malfunction of the hardware of the Employee or Company Correspondent or transmission network.

 

Article X: Evidence

The connections to the Services are preserved by the BNP Paribas’ computing services as evidence of the operations effected by these Services and serve as proof between the parties.

 

Article XI: Right of access and rectification - Respect of the loi Informatique et Libertés (French Data Protection Act)

The information collected via the internet site and mobile application of BNP Paribas Epargne & Retraite Entreprises shall be used for BNP Paribas’ internal management so as to comply with legal and regulatory obligations as well as to communicate to you, by electronic mail or telephone, information relating to our products and services.
They may be communicated to our service providers for the performance of works effected on our behalf or for all any BNP Paribas group in case of pooling of resources.

In communicating his(her) e-mail address and/or mobile telephone number and in subscribing to special offers the Employee expressly accepts that BNP Paribas E&RE should address information to him(her) by e-mail and/or SMS about news and the products and services marketed by BNP Paribas E&RE and Groupe BNP Paribas’ special offers.
The Employee has a right to unsubscribe which he(she) may exercise directly on the internet site or mobile application under the heading “My data” “Personal details”
These varieties of information shall only be communicated to third parties in order to comply with legal and regulatory obligations.
They may be the occasion for exercising the right of access and rectification in the conditions provided for by the Law No. 78-17 of 6 January 1978 relating to computing, files, and liberties, by post to: BNP Paribas Epargne & Retraite Entreprises - TSA 80007 - 93736 Bobigny Cedex 09 .

 

Article XII: Managing your Complaints

In case of difficulties connected to performing the contract you can transmit a complaint:
By post by writing to:
BNP PARIBAS EPARGNE & RETRAITE ENTREPRISES
Service client – Réclamations
TSA 80007
93736 BOBIGNY CEDEX 09
By e-mail by using the contact formula present on mobile application or on your internet space PERSONEO http://www.epargne-retraite-entreprises.bnpparibas.com (prior connection with your username and password necessary): heading “Contact us” by entering “complaint” as subject of the e-mail.


Your complaint shall be acknowledged within a maximum period of 10 working days and a response given within a period of 2 months maximum from the date the complaint is received.

If you consider the response you have been given is not satisfactory or does not respond to your initial request, or if the 2 months’ processing period is exceeded without our providing information, you can contact, by post:
BNP PARIBAS Epargne & Retraite Entreprises
Monsieur le Secrétaire Général - Réclamation
TSA 80007
93736 BOBIGNY CEDEX 09

Having exhausted the internal recourses, in case of persistent disagreement and in absence of legal procedure, you can address the mediation services of the Autorité des Marchés Financiers (AMF- Financial Markets Regulator). Your complaint should be sent electronically by filling in the on-line form on the AMF’s site, or by post to the following address:
Madame Marielle Cohen-Branche
Médiateur de l’AMF - Autorité des Marchés Financiers
17, place de la Bourse
75082 Paris

In any event the complaint is costless for the complainant except in the case in which searches on operations are necessary.
The Company undertakes to inform its employees concerning the system for dealing with complaints as described, which, indeed, is disseminated on the internet sites of BNP PARIBAS EPARGNE & RETRAITE ENTREPRISES.