GENERAL TERMS AND CONDITIONS OF USE
Article I: Purpose
These general terms and conditions of use (hereinafter the “Conditions”) define the rules for the operation and use as well as the features (hereinafter the “Services”) of the PERSONEO website https://personeo.epargne-retraite-entreprises.bnpparibas.com (hereinafter the “Site”) and of the PERSONEO mobile app (hereinafter the “App”) made available, by BNP Paribas through its “Epargne & Retraite Entreprises” business line, to the beneficiaries (hereinafter the “Employees” or “Beneficiaries”) of the employee savings and retirement schemes (participation, company savings plan (PEE), collective retirement savings plan (PERCO), collective company retirement savings plan (PERECO)) set up within the companies (hereinafter the “Companies”) that have entered into an account opening agreement or a service provision agreement with BNP Paribas - Epargne & Retraite Entreprises for the management of blocked current accounts.
In particular, the Site allows Employees, under the conditions defined below and subject to compliance with these conditions, to obtain general information concerning employee savings and company retirement savings, but also to find out the position and details of their savings, their transaction history, the performance of FCPE/SICAVs, early release of funds and the supporting documents to be provided. They may also carry out a certain number of transactions (arbitration/transfer, reimbursement of available or unavailable savings, voluntary payments, etc.) arising from the agreements put in place within their Company.
The Site also has a number of simulation tools.
In particular, under the conditions defined below and subject to compliance with these conditions, the App allows Employees to find out the position and details of their savings, to monitor their transactions, to consult their transaction history, to make one-off voluntary payments, to make arbitrations/transfers and to input the reimbursement of their available savings.
Article II: Access to the Website and the App in direct or indirect relationship mode
When the account opening agreement or the service provision agreement for the management of blocked current accounts is signed, the Site and the App are made available to the Employees of the Company. Depending on whether the Company has opted for direct or indirect management relations between its Employees and BNP Paribas - Epargne & Retraite Entreprises:
In Direct Relationship mode: Employees have direct access to all the Services of the Site and the App.
In Indirect Relationship mode: Unless otherwise provided, Employees only have access to the consultation Services of the Site and the App.
Article III: Conditions of access to the Site and the App
Access to the Site and the App is via username and password (hereinafter the “Login Details”).
1) Assignment of Login Details:
In Direct Relationship mode: The Login Details assigned to each Employee are communicated to him/her by BNP Paribas - Epargne & Retraite Entreprises.
In Indirect Relationship mode: The username assigned to each Employee is communicated by BNP Paribas - Epargne & Retraite Entreprises to the Company Correspondent (responsible for representing the Company in its relations with BNP Paribas - Epargne & Retraite Entreprises). The Company Correspondent is responsible for providing each Employee with his/her username. The password assigned to each Employee is communicated to him/her by BNP Paribas - Epargne & Retraite Entreprises.
2) Login Details
The Login Details allow access to the Site, the App and the voice server of BNP Paribas - Epargne & Retraite Entreprises. The Login Details are common to the Site, the App and the voice server. The Employee who is the holder of these Login Details receives by separate letter both his/her username (except in indirect relationship mode where the username is given to each Employee by the Company Correspondent) and a temporary password, which he/she will have to change on his/her first connection. You are urged not to choose a password that can be easily guessed (such as your birthday, for instance).
In indirect relationship mode, if the Company Correspondent sends the username using any other method, he/she takes responsibility for the consequences of the transmission methods which may no longer be secure and, as such, are likely to be subject to fraud. Consequently, the Company Correspondent acknowledges and accepts in full knowledge of the facts the risks likely to arise from the use of these means of communicating the username.
3) Responsibilities of the holder
The Login Details are strictly personal and confidential. The user undertakes to keep his/her Login Details confidential and accepts liability for any consequences should they become known to others, whether by accident or design.
Your Login Details are confidential and must never be given out either orally or by email.
BNP Paribas - Epargne & Retraite Entreprises will never ask any Employee by email or phone for his/her username (unless it is the Employee who places the call) or password.
In particular, the holder must be vigilant about the origin of fraudulent emails which may use the graphics and name of the Site or the App and ask him/her for his/her Login Details (“Phishing”). Users receiving such fraudulent emails should not click on any links or reply to the emails and should never reveal their Login Details, even if requested by an apparently official organisation.
Users therefore explicitly agree that any connection made using their username and password shall be deemed to come from the corresponding user, whatever the origin of the connection, unless BNP Paribas - Epargne & Retraite Entreprises has been notified otherwise in accordance with Article IV below.
4) Password renewal
The Employee may change his/her password in the area of the Site or the App provided for this purpose (“Lost password?” or “Forgotten password?”). In this case, after entering his/her account number and username, a temporary password, which he/she will have to change on his/her first connection, will be sent to him/her either by email or by post (if he/she has entered the relevant details under “My data” > “Personal details”).
Article IV: Notification
The Employee undertakes to immediately notify BNP Paribas - Epargne & Retraite Entreprises in the event of loss or theft of his/her Login Details.
In Direct Relationship mode: Notification must be addressed directly to BNP Paribas - Epargne & Retraite Entreprises.
In Indirect Relationship mode: Notification must be addressed to the Corporate Correspondent, who sends it to BNP Paribas - Savings & Retirement Companies.
Notification to BNP Paribas - Epargne & Retraite Entreprises may be made by email, phone or post to the contact details given on the Site, under “Contact Us”, or the App, under “Contact”, or via the website http://www.epargne-retraite-entreprises.bnpparibas.com/epargnants, under “Contact”.
Telephone notifications must be confirmed immediately by email or post.
In the event of any dispute about the notification date, both parties agree that it will be taken to be the date that BNP Paribas - Epargne & Retraite Entreprises received the written confirmation only.
In the absence of notification, BNP Paribas - Epargne & Retraite Entreprises may assume that any connection to the Site or the App using the Login Details comes from the user to whom they were assigned.
Article V: Acceptance and amendment of the Conditions
After identifying him/herself by means of his/her Login Details and once his/her temporary password has been changed, the Employee must consult and accept these Conditions at the time of the first connection before accessing the Services of the Site and the App.
Any amendment to these Conditions will be notified to Employees immediately via the Site or the App the first time they connect following such changes.
In any event, any use of the Services of the Site or the App implies acceptance of the said Conditions.
BNP Paribas - Epargne & Retraite Entreprises keeps an electronic record as proof that users have accepted the Conditions. If the Conditions are amended, only the proof of acceptance of the amended Conditions is kept.
The Employee may at any time consult the Conditions under the heading “General Terms and Conditions of Use” on the Site or under the heading “Legal Information and Services” on the mobile App.
Article VI: If you forget your Login Details
If the Employee forgets his/her username, he/she can obtain a reminder by email from the website or mobile app or by contacting BNP Paribas - Epargne & Retraite Entreprises by phone using the contact details provided on the website http://www.epargne-retraite-entreprises.bnpparibas.com/epargnants, under “Contact”, or on the Personeo website, under “Contact Us”, at the URL https://personeo.epargne-retraite-entreprises.bnpparibas.com/portal/salarie-bnp/contact.
The beneficiary can save his/her username to avoid having to enter it every time he/she connects. To do so, after entering his/her username, the beneficiary must tick the box “Remember my username”.
If you forget your password, you may obtain a new one under the terms set out in point 4) “Password Renewal” in article III above.
Article VII: Availability of access to the Site and the App
Access to the Site and the App is concluded for an indefinite period starting on the date on which BNP Paribas - Epargne & Retraite Entreprises sends the Employee his/her Login Details.
This access ceases immediately in the event of termination or cancellation of the account opening agreement and the service provision agreement for the management of blocked current accounts.
The Employee may at any time request termination of his/her access to the Site or the App by written notification to BNP Paribas - Epargne & Retraite Entreprises at the following address: BNP Paribas Epargne & Retraite Entreprises, TSA 80007, 93736 Bobigny CEDEX 09. Access will be withdrawn as from the day BNP Paribas - Epargne & Retraite Entreprises receives the notification.
In the event of serious misconduct by the Employee, BNP Paribas - Epargne & Retraite Entreprises may terminate access to the Site and the App immediately.
Article VIII: Features of the Site and the App
1) General information
BNP Paribas - Savings & Retirement Companies provides the following information:
- on the Site, general information on employee savings and company retirement savings, news, presentation and performance of the investment vehicles as well as detailed information on the early release of funds.
- on the App, current information, presentation of the investment vehicles as well as detailed information on the early release of funds.
The Site and the App allow the Employee to take note of messages of a general nature or specific to the Company to which he/she belongs.
2) Operations
The Employee has the ability to carry out the operations described below, depending on the agreements in place within his/her Company.
These include the following operations:
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 his/her gross annual remuneration if he/she is a salaried employee,
- or 25% of remuneration for functions performed in the Company whose amount is included on his/her tax return in the category of salaries and wages if he/she is the head of a company or corporate officer,
- or 25% of his/her professional income included on the tax return for his/her activity in year N-1 if he/she is the owner of a sole proprietorship or an independent professional,
- or 25% of amounts received from pension or pre-pension benefits if he/she is retired or pre-retired,
- or 25% of PASS if he/she is the spouse of an employee or of an associate, or if he/she is an employee whose work contract is suspended, and who has received no remuneration during the year of the payment.
This ceiling does not apply to voluntary payments into the collective company retirement savings plan (PERECO).
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 under way) 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.
To make the payment, the Employee must enter the amount of his/her payment and its distribution between savings plans (PEE and/or PERCO and/or PERECO) 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. A contribution may be rejected for a number of reasons: for instance, if the authorised spending limit has been reached or if the credit card data is incorrect.
1. Direct debit arrangements
To set up direct debit payments, a direct debit mandate must be completed and signed, together with a bank account statement (RIB) containing the IBAN and BIC of the account to be debited.
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.
Please note: 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.
The Employee selects the frequency of payment (monthly, quarterly, half-yearly), its amount and its distribution between savings plans (PEE and/or PERCO and/or PERECO) and investment vehicles.
AND/OR
The Employee chooses the amount of the payment and its distribution between savings plans (PEE and/or PERCO and/or PERECO) 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/or PERECO) and investment vehicles.
3. Direct debit cancellation
Each Employee may at any time cancel his/her scheduled payments on the Site under “My operations” > “Scheduled payments” or by post sent 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.
In the event of transmission of the proof(s) via the Site or the mobile App, the proof(s) must be transmitted in pdf, jpg or jpeg format and their size must not exceed 10 MB per transmission (transmission of all proofs limited to 25 MB). The name(s) of the file(s) must not contain accents or special characters,
The Employee undertakes to submit documents that are true to the originals.
To request reimbursement, the Employee must also indicate the amount of the release (or the number of units), the reason and the date. He/she undertakes to respect the conditions for early release laid down by law.
Any incomplete or erroneous file will be rejected.
In this case, the Employee will be informed by email (if he/she has entered his/her email address under “My data” > “Personal details”) and a detailed explanation of this rejection will be available on the Site under “Alerts”.
In the event of transmission of the proof(s) via the Site or the mobile App, and provided the file is complete, the date of receipt by our services is the same day for proof(s) transmitted before14:00 and the following day for proof(s) transmitted after 14:00. However, in the case of proof(s) sent on a non-working day (Saturday, Sunday or public holidays), they are deemed to have been received on the first working day following the date of their transmission.
This date of receipt will be taken as proof, in particular to ensure that the deadline for submitting the application for early release is met.
In the event of transmission of the proof(s) by post, the date of receipt of the complete file (proof(s) + “online early reimbursement file” form) by our services will be taken as proof.
The Employee can run simulations on the Site. These simulations are strictly indicative and are not a substitute for commercial information and professional advice. These simulations have no contractual value and are not binding on BNP Paribas - Epargne & Retraite Entreprises. BNP Paribas - Epargne & Retraite Entreprises cannot be held liable for any decision taken on the basis of these simulations or their use by the Employee. The information and data provided by the Employee during these simulations are kept by BNP Paribas - Epargne & Retraite Entreprises for a period of one year if the Employee saves his/her simulation, so that he/she can retrieve it during this period.
This service allows the Employee who holds an employee savings/retirement account (PEE/PERCO/PERECO) with BNP Paribas - Epargne & Retraite Entreprises and one (or more) Plan d’Epargne Retraite Entreprises (PER Entreprises /PER Obligatoire) account(s) with Cardif Retraite and/or one (or more) securities account(s) and/or option(s) managed by Uptevia:
- to have a consolidated position of his/her savings and his/her distribution by account,
- to access his/her accounts and their details on the websites concerned (Visiogo website for the PER Entreprises/PER Obligatoire and Planetshares website for the securities and/or options account), from the Site or the App, and therefore using a single username and password.
The display of the Vision Globale on the homepage of the Personeo website or app is automatic if the reconciliation of accounts has been possible between the employee savings account and the company retirement savings account.
Alternatively, the beneficiary can manually activate his/her Vision Globale from the “My savings > Add an account” menu or by clicking on “Add an account” on the mobile app homepage.
From this access, the beneficiary can add or delete an account from his/her Vision Globale.
The activation of the Vision Globale remains in the hands of the beneficiary for the securities and/or options account.
As part of the Vision Globale service, BNP Paribas - Epargne & Retraite Entreprises has no knowledge, at any time, of the content of the Employee’s relationship with its partner Cardif Retraite and/or Uptevia, nor of the assets and movements on the accounts held on their books.
Article IX: Unforeseeable events – Force majeure
BNP Paribas - Epargne & Retraite Entreprises undertakes to do its utmost, within the limits of the state of the art, to ensure that the Site and the App operate under optimal conditions.
Access to the Site and the App and their Services is possible 24/7, subject to occasional but necessary technical maintenance operations and updating of the computer databases.
BNP Paribas - Epargne & Retraite Entreprises may not be held liable for data transfers or service interruptions following unforeseeable circumstances or cases of force majeure, including in the event of:
Article X: Evidence
Connections to the Site and the App are kept by the IT systems of BNP Paribas as proof of the operations carried out from the Site and the App and are deemed authentic between the parties.
Article XI: Data protection
The information collected via the Site and the App will be used by BNP Paribas to meet its legal and regulatory obligations in the context of its role as data controller for employee savings systems.
This information may be communicated to BNP Paribas service providers for the performance of work carried out on its behalf, on the understanding that these service providers are bound by security and data confidentiality obligations or to meet its legal and regulatory obligations.
Employees can find out about the purpose of the processing, their rights and the length of time the data will be kept on the Data Protection Notice on the website http://www.epargne-retraite-entreprises.bnpparibas.com under “Data Protection” (https://www.epargne-retraite-entreprises.bnpparibas.com/epargnants/Pages/protection-des-donnees).
It should nevertheless be noted that the personal data collected is used for the time necessary to manage the employee savings/retirement savings systems and to comply with the legal obligations of BNP Paribas. Exercise of the right of access, right to rectification and right to object under the conditions and within the limits set out by Law No 78-17 of 6 January 1978, as amended, on information technology, files and freedoms and the General Data Protection Regulation (GDPR) (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, is carried out by email or by post to the contact details mentioned on the Site, under “Contact Us”, or the App, under “Contact”.
Article XII: Collection and use of the Employee’s email address and mobile phone number
The proper operation of the Services requires provision of a valid email address. This address makes it possible to identify the Employee and is intended to strengthen the security of access to the account.
The email address and mobile phone number may also be used to notify the Employee, by email and/or text message, of certain operations (change of email address, confirmation of a bank card payment, etc.) and information concerning his/her employee savings (start of the profit-sharing/interest allocation period, etc.).
When creating his/her account, the Employee has the ability to agree or not to receive these notifications by email or text message.
If the Employee gives his/her consent, the email address and/or mobile phone number may also be used to send information on the products of the BNP Paribas Group and its partners (special offers).
In accordance with Article 22 of the Law of 21 June 2004 on confidence in the digital economy, the Employee may at any time refuse or change his/her mind about the use of his/her email address and mobile phone number by BNP Paribas - Epargne & Retraite Entreprises; to do so, he/she simply goes to the Site under “My data” > “Personal details” > “My subscriptions” or to the App under “My data” > “Free subscriptions” and modifies the parameters for the use of his/her email address and mobile phone number or sends a letter or email to the contact details mentioned on the Site, under “Contact Us”, or on the App, under “Contact”.
Article XIII: Managing your Complaints
Any complaint may be sent to BNP Paribas - Epargne & Retraite Entreprises:
BNP PARIBAS EPARGNE & RETRAITE ENTREPRISES
Customer service – Complaints
TSA 80007
93736 Bobigny CEDEX 09
BNP Paribas - Epargne & Retraite Entreprises makes every effort to handle complaints as soon as possible.
BNP Paribas Epargne & Retraite Entreprises will acknowledge receipt of the complaint within ten working days and will reply within two months.
These deadlines run from the date of sending the complaint, the date of sending the email or the postmark if sent by post.
If exceptional circumstances justify a longer processing time, the employee will be duly informed.
If there is no response, the employee may refer the matter to the Ombudsman of the Autorité des Marchés Financiers (AMF), within two months of the complaint being sent.
In the event of disagreement with the response given to his/her complaint by BNP Paribas - Epargne & Retraite Entreprises, the employee may also refer the matter to the AMF Ombudsman without delay.
The Ombudsman may be contacted as follows:
- by electronic means, using the form on the website www.amf-france.org (The AMF Ombudsman section)
- by post, at the following address:
AMF Ombudsman - Autorité des Marchés Financiers
17 place de la Bourse
75082 Paris CEDEX 02
In all cases, the complaint is free of charge.
The provisions of this section on the process for making a complaint are without prejudice to other legal remedies that the employee may exercise at any time.