Terms of service My Indosuez App

“My Indosuez” application (the “App”) CFM Indosuez Wealth

1.    Purpose and contractual documents

The App and the services offered through it are provided by CFM Indosuez Wealth (the “Bank”). These Terms of Service (“ToS”) govern your use of the App and the information (the “Information”) provided through it. The Bank provides the App for you to be able to access certain financial services governed by the Bank’s General Terms and Conditions and other contractual documents, which may vary according to your commercial relationship with the Bank, as well as the general contractual documents governing your use of the Bank’s Internet services. In the event of any conflict between the ToS and other contractual documents between you and the Bank, those of the ToS shall take precedence.

The Bank reserves the right to change these ToS at any time. If any changes are made to the ToS, you will need to accept these changes to be able to continue accessing the App. If you do not accept the changes, you will not be able to access and use the App.

 

2.    Usage rights

2.1.        Application

Under the terms set out in the ToS, the Bank grants you a limited, non-exclusive, revocable, personal and non-transferable right to download the App on compatible devices and operating systems to access and use the services offered through it in accordance with the information on the Bank’s website. Any other use of the App is prohibited. In particular, you are expressly prohibited from modifying or attempting to modify the App, copying it, using it to attempt to access information other than that provided through the App, and in general acting for any unlawful purpose and/or for that of harming the Bank and/or third parties.

 

2.2.        Information

Within the limits expressly provided by the features of the App, you are authorised to download and/or print the Information (using the download and/or print buttons) for personal use only. In addition, any modification of the Information, in particular the modification, deletion or concealment of copyright notices and/or disclaimers, is expressly prohibited.

 

2.3.        Regulatory restrictions

The App and the Information neither address nor target persons of any particular country. The languages in which the App and Information are provided are among the working languages of Indosuez Wealth Management and should not be construed as indicating an intended audience.

Please note that the Bank is bound by the regulations applicable to the services and products available through the App and that the scope of the features and services it can provide are therefore likely to vary, inter alia depending on the licences or authorisations it holds, your place of residence or location, the terms under which you interact with the Bank and the class of investor to which you belong.

The App is not intended for persons in jurisdictions where, due to their nationality, citizenship, domicile, place of residence, investor class, or for any other reason, the following are prohibited:

a)         downloading, accessing, logging in to or using the App (including using the contact form, if applicable);

b)        marketing any of the products and services referred to in the App that may not be available from all Indosuez Wealth Management entities.

In this context, you are responsible for taking all necessary steps to ensure that you do not request products or services that you are prohibited from using or that require special authorisation for yourself or the Bank. Any persons subject to such restrictions should refrain from subscribing to any such products or services.

In case of a change of residence, location or investor class, even if you are temporarily travelling outside your country of residence as identified by the Bank, it is your responsibility to verify whether accessing any or all of the App’s features or receiving advice on financial instruments through it is permitted under the rules of the country concerned or for the relevant investor class. All persons subject to these restrictions should refrain from connecting to and/or using the App.

Notwithstanding the receipt of instructions or requests for products or services from you through the App, you are cautioned that the Bank reserves the right to refuse to carry out such instructions or provide the products and services requested from persons who are not legally entitled to subscribe to it and/or where fulfilling such instructions or requests may violate applicable laws and regulations. In particular, you are reminded that the App and the Information do not constitute an offer or solicitation of products or services for the United States of America, Canada or any other country, and their territories, where its content may constitute a violation of applicable laws and regulations.

 

3.    Features

The App’s features may vary depending on the device and operating system on which it is installed. In addition, these features may be modified according to changes in the commercial relationship with the Bank.

The Bank may change, remove, add and update the App’s features and/or the services and Information at any time, with or without notice.

In general, the App is designed to allow you to view your accounts or those for which you are an agent, exchange electronic documents, communicate with the Bank via e-mail, send transfer orders and requests to the Bank and access various information from the Bank (subject to the other conditions applicable to these products and services).

The features allowing you to send orders and requests to the Bank to perform financial transactions may be subject to specific restrictions, such as transaction amounts and execution times in accordance with the Bank’s terms and conditions.

You will find more information about the App and its features on the Bank’s website.

 

4.    Access and availability

The Bank will endeavour to ensure access to and availability of the App 24 hours a day, 7 days a week, but cannot commit to or guarantee this access and availability.

The Bank may decide at any time to restrict access to the App or suspend its availability, with or without notice, such as for maintenance and security reasons.

The Bank may provide additional information on its website regarding the technical requirements for accessing the App (such as compatible devices), its use (such as a connection guide) and safety recommendations.

 

5.    Your obligations

Without prejudice to Paragraph 7 below, you are fully responsible for your access to and use of the App and the devices you use for this purpose. In particular, it is your responsibility to take the appropriate measures to protect the devices you use to access the App according to the manufacturers’ instructions and regularly install all the updates available for these devices and the App.

You are also responsible for protecting the confidentiality of your login information for accessing the services provided through the App. Any transaction carried out using your login data is deemed to have been done by you as the user. In particular, both the user and the owner of the account(s) attached to the App are bound by all orders and requests relating to transactions sent to the Bank, and may not invoke third-party misuse against the Bank.

In addition, you agree to comply with all of the Bank’s instructions and directions regarding the access and use of the App, particularly in matters of security.

 

6.    Pricing

The App itself is provided at no cost. However, the use of certain features may result in charges according to the Bank’s current rates, available from the Bank upon request.

It is also understood that third-party charges, such as those of telecommunications providers for the data connection required to download, access and use the App, are your responsibility.

 

7.    Warranty disclaimer

The Bank provides the App and the Information as-is, with no warranty.

In particular, the Bank expressly excludes any warranty as to the availability of the App and/or Information at all times without interruption, and the absence of malware. Similarly, the Bank does not guarantee the suitability of the App to your needs, the sending/receiving of orders and requests to the Bank via the App, the absence of legal restrictions on your access and/or your use of the App and/or the financial services offered through it, and the relevance, quality and reliability of the Information, which is provided for informational purposes only.

 

8.    No offer

None of the Information, publications, services and products appearing in the App, whatever their form or nature, may be interpreted as constituting the direct marketing, offer or recommendation of banking or financial products or services by the Bank, nor do they constitute investment, legal or tax advice.

For further information, you may contact the Bank, which will provide you with such information within the limits of the applicable laws and regulations.

 

9.    Liability disclaimer

Without prejudice to the above warranty and other disclaimers and limitations of liability contained elsewhere in the contractual documents between you and the Bank, except in the case of gross negligence or fraud on its part, the Bank disclaims all liability, for itself and its employees, in connection with the App.

Similarly, the Bank cannot be held liable for the transactions carried out using the App, particularly if they are incompatible with your investment profile or the investment strategy of the account(s) accessible via the App.

You are informed that access to the Bank’s services via the App is provided via the Internet. The Bank draws your attention to the fact that the Internet is an open, publicly-accessible network, which therefore cannot be considered a safe environment. Transmitting data via the Internet involves certain inherent risks, such as the interception, alteration, corruption and loss of such data. The Bank will endeavour to provide a good level of security for the App. Information about Internet security is available on its website, and the Bank encourages you to consult this information. In any case, the Bank expressly disclaims all liability for this type of risk, the consequences of which you are fully responsible for if they occur in connection with your use of the App.

 

10.    Intellectual property

The App and the Information are and remain the property of the Bank, its subsidiaries, branches and representative offices and/or their partners.

Indosuez Wealth Management is the single brand encompassing CA Indosuez Wealth (Group), the holding company for the wealth management business of the Crédit Agricole Group and its related subsidiaries or entities, namely CA Indosuez Wealth (France), CA Indosuez (Switzerland) SA, CA Indosuez Wealth (Europe), CFM Indosuez Wealth, their respective subsidiaries, branches and representative offices, whatever their location, CA Indosuez Wealth (Miami) and CA Indosuez Wealth (Brazil) SA DTVM.

You are strictly prohibited from using or reproducing the terms “Indosuez”, “CA Indosuez”, “Indosuez Wealth Management” or any other name, trademark or logo belonging to the Bank and/or its subsidiaries, branches and representative offices, for any purpose whatsoever.

 

11.    Data protection

By logging on to and using the App, you provide certain personal data to the Bank, including the data you actively send to the Bank via the various features of the App and data that is collected automatically by the App when you use it.

The Bank, as data controller, collects, records, organises, stores, retrieves, consults, uses, reconciles, protects and deletes this data.

When you log on to and use the App, the Bank processes your personal data to identify you and provide you with the services you access through the App and for any other purposes that may be specifically indicated when you use certain features and/or actively send personal data via the App. In addition, the Bank uses your personal data to monitor the App and ensure its proper operation.

Your personal data is processed in accordance with the Bank’s personal data protection policy. You can view this policy in the “Your personal data” section on the Bank’s Monaco website (http://www.monaco.ca-indosuez.com/).

Choose the option to receive a digital copy of the personal data protection policy. You may also ask the Bank to send you a hard copy of the policy free of charge.

The Bank will keep your personal data for a period not exceeding the time required for the purposes for which it is processed in accordance with its legal obligations with regard to proof of the commercial transactions carried out via the App.

The Bank specifically informs you that it processes and stores your personal data not only at its head office and/or its various branches but also with banking and/or technical service providers in the Crédit Agricole Group where this is required for the purposes indicated above.

You authorise the Bank to subcontract the processing and storage of your personal data to external service providers, subject to the legal and regulatory provisions in force.

Also, even if the sender and the addressee are physically located in the same country, data sent via the Internet may transit through foreign countries, including countries with data protection levels that are not considered sufficient in the country of origin.

You are informed that you have a right of access to your personal data with the Bank, including the right to amend, limit, update, oppose and, where applicable, the right of portability. To exercise these rights or in the event of a complaint relating to the processing of your personal data, you may send a written request to the Data Protection Officer at data-protection-officer@cfm-indosuez.mc or the Bank’s postal address. If you are not satisfied with the answer, you can contact the President of the Commission de Contrôle des Informations Nominatives (CCIN - the Monegasque authority for the protection of personal data) or the Commission Nationale de l’Informatique et des Libertés (CNIL - the French data protection authority) whose contact details can be found on their websites: http://www.ccin.mc or http://www/cnil.fr.

 

12.    Cookies

The App uses technologies involving the automatic processing of data on the devices you use to access it (Cookies). The Cookies used by the App are (i) exclusively designed to measure and analyse users’ interest in the App, its use and its performance, (ii) and/or strictly necessary for the proper functioning of the App. The Bank may use the information obtained by the use of Cookies to improve the App’s ergonomics and produce anonymous statistics concerning the performance and use of the App. Where the Cookies are not strictly necessary for the App to function properly, you can disable them in the App’s settings on the device you use to access it without affecting its features. More details about the App’s use of Cookies and the possibility of opposing them can be found in the corresponding section of the App and/or on the Bank’s website. 

 

13.    Governing law and jurisdiction

Subject to any derogations thereto, the relations between the parties are subject to the General Terms and Conditions of the Bank.

 

14.    Acceptance

It is your responsibility to take all the time you need to carefully read the ToS before accepting them. Your usual contact person at the Bank is available for any further information or explanations you may need.