Terms of use

IMPORTANT NOTICE

This site, www.bperlux.lu ("Site"), contains information produced by and/or for BPER Bank Luxembourg s.a. .
By using the Site or using BPER Bank Luxembourg s.a. or products, you are agreeing to the following terms of use ("Terms of Use"). Please read them carefully.
These Terms of Use apply to the Site generally and are subject to any other agreement (including any client agreements) between you and BPER Bank Luxembourg s.a. and such terms of use, legal notices or disclaimers applicable to specific portions of the Site accessed by you.
All references in these Terms of Use to "BPER Bank Luxembourg s.a." are references to BPER Bank Luxembourg s.a.
These Terms of Use were last updated as of 16 April 2018. BPER Bank Luxembourg s.a. may revise these Terms of Use at any time without notice. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Site on or after the effective date of such revision and/or addition.

Privacy Statement ofBPER Bank Luxembourg s.a.
This privacy statement provides information about the processing of personal data by BPER Bank Luxembourg s.a. .
BPER Bank Luxembourg s.a. created this privacy statement to give you confidence as you visit the http://www.bperlux.lu website and use BPER Bank Luxembourg s.a’s services provided through the website, and to demonstrate our commitment to fair information practices and the protection of privacy. Your use of the website and the services is governed by this privacy statement. BPER Bank Luxembourg s.a. does its best to ensure that the processing of your personal data is carried out in such a way that your privacy is protected and safeguarded. BPER Bank Luxembourg s.a. processes personal data in accordance with the data protection laws and regulations applicable to it.
Individuals of whom BPER Bank Luxembourg s.a. processes personal data

BPER Bank Luxembourg s.a. processes personal data of individuals including, but not limited to, individuals:

- who are (potential) clients, business partners or suppliers of BPER Bank Luxembourg s.a.;

- who are acting in their capacity of shareholder, ultimate beneficial owner, employee, (managing) director, authorised representative or contact person of clients, business partners or suppliers of BPER Bank Luxembourg s.a;

- who are visitors of BPER Bank Luxembourg s.a’s websites;

- of whom BPER Bank Luxembourg s.a. processes personal data in the framework of its financial transaction processing and handling without having a contractual relationship with them such as beneficiaries of financial transactions.

Personal data BPER Bank Luxembourg s.a. processes

The personal data BPER Bank Luxembourg s.a. processes of individuals may include, among others, data concerning their identity, domicile, name, address, personal status, position or capacity (such as function or role if acting on behalf of or for a client, supplier or business partner), assets, (financial) transactions, account numbers or other unique identifiers, signatures, creditworthiness or financial condition, email address, phone number, IP address or visits to BPER Bank Luxembourg s.a’s websites.
Purposes of data processing

BPER Bank Luxembourg s.a. processes personal data for the following purposes:

- assessing and accepting of, entering into and executing of agreements with clients, business partners or suppliers, executing payment and other financial transactions, recording and financially settling services, products and materials delivered to and from BPER Bank Luxembourg s.a., including communication with individuals involved in contracts (e.g. insured persons, beneficiaries, intermediaries), and dispute resolution and litigation;

- performing relationship management and (targeted) marketing to establish a relationship with and/or maintain as well as extend a relationship with a client;

- business process execution, internal management reporting and analysis including activities such as statistical and scientific analyses for the development and improvement of BPER Bank Luxembourg s.a.’s products and/or services, account management and client service; creation of a global view of clients; managing company assets; conducting internal audits and investigations; finance and accounting; implementing business controls; provision of central processing facilities for efficiency purposes; managing mergers, acquisitions and divestitures;

- safety, health and security including the protection of BPER Bank Luxembourg s.a. and client, supplier or business partner assets and the authentication of client, supplier or business partner status and access rights;

- compliance with laws and regulations as well as sector-specific guidelines and regulations including, but not limited to, anti-money laundering and anti-terrorist financing regulations; and/or

- safeguarding the security and integrity of BPER Bank Luxembourg s.a and/or the financial sector. This includes (1) the detection, prevention, investigation and combating of (attempts at) unlawful or undesirable activities or conduct targeted towards BPER Bank Luxembourg s.a., clients and staff, or other financial institutions, and (2) the use of and participation in warning systems.
Personal data sharing with BPER Bank Luxembourg s.a.

BPER Bank Luxembourg s.a. may share personal data with and transfer those data to BPER: Gruppo provided their involvement is necessary to reach one of the purposes listed above, subject to local rules on banking secrecy and written arrangements with the client. BPER Bank Luxembourg s.a. will only pass on personal data to third parties outside of such area in accordance with the requirements of any applicable data protection laws and regulations.
Transfer of personal data to third parties

BPER Bank Luxembourg s.a. may transfer personal data to third parties such as business partners, other financial institutions, suppliers or other service providers, intermediaries, beneficiaries of transactions, courts, regulatory authorities, warning systems or other third parties involved in reaching any of BPER Bank Luxembourg s.a’s purposes listed above.
Storage period
BPER Bank Luxembourg s.a. shall retain personal data only:

- for the period required to serve the purposes for which the personal data were collected or for which they are further processed;

- to the extent reasonably necessary to comply with an applicable legal requirement; and/or

- as advisable in light of an applicable statute of limitations.

Security
BPER Bank Luxembourg s.a. has implemented appropriate, and commercially reasonable, technical, physical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and all other unlawful forms of processing. To achieve this, BPER Bank Luxembourg s.a. has implemented technology risk standards and other relevant policies and processes on the security of personal data.
Right of access, rectification, blocking and objection

If BPER Bank Luxembourg s.a. processes your personal data, then you have the following rights:

- a right to request BPER Bank Luxembourg s.a. an overview of your personal data processed by or on behalf of BPER Bank Luxembourg s.a.;

- a right to have BPER Bank Luxembourg s.a. rectify or block your personal data if the data are incorrect, incomplete, or not processed in compliance with applicable data protection laws and regulations and the Data Protection Policy;

- a right to object to the processing of your personal data on the basis of compelling legitimate grounds relating to your particular situation provided that BPER Bank Luxembourg s.a. bases its processing on its legitimate interests or those of a third party to whom BPER Bank Luxembourg s.a. has disclosed the data;

- a right to object to receiving direct marketing communications from BPER Bank Luxembourg s.a.

To make any of the above requests you need to put the request in writing addressing it to:


BPER Bank Luxembourg s.a.
Compliance Department,
30, Boulevard Royal,
 L-2449 Luxembourg,
e-mail:compliance@bperlux.lu.


Your request needs to be accompanied by a photocopy of a valid identity card as proof of your identity.

Modification of privacy statement

BPER Bank Luxembourg s.a. keeps its privacy statement under regular review.
This privacy statement was last updated on April 2018.

The Site has been prepared solely for information purposes, and is not an offer to buy or sell or provide (as the case may be) or a solicitation of an offer to buy or sell or enter into any agreement with respect to any security, product, service or investment. The opinions expressed in the Site do not constitute investment advice and independent advice should be sought where appropriate. The Site contains general information only and does not take into account the individual objectives, financial situation or needs of a person.
All information, opinions and estimates expressed on the Site are current as of the date of publication, are subject to change without notice, and may become outdated over time.
To the extent that any materials or investment services on or referred to in the Site are construed to be regulated activities under the local laws of any jurisdiction and are made available to persons resident in such jurisdiction, they shall only be made available through appropriately licensed BPER: Gruppo entities in that jurisdiction or otherwise through BPER: Gruppo entities that are exempt from applicable licensing and regulatory requirements in that jurisdiction.
 

While BPER Bank Luxembourg s.a. has endeavored to ensure the accuracy of the information on the Site, BPER Bank Luxembourg s.a. does not guarantee or give any representation or warranty as to the non-infringement, accuracy, timeliness or completeness of any information, published third-party content or material published on the Site. Accordingly, investors should not place reliance on Site content. In relation to third-party content, BPER Bank Luxembourg s.a. may not have independently verified the accuracy or completeness of such information or the assumptions on which such information is based.

The materials published on the Site are provided "as is" and "as available" without any representation or warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to representations or warranties of non-infringement of third party rights (including but not limited to intellectual property rights), title, merchantability, satisfactory quality, or fitness for a particular purpose. Such materials may be subject to incorrect data transmission or other faults due to the public nature of the Internet. BPER Bank Luxembourg s.a. may amend, relocate, remove or delete any such materials from time to time in its sole discretion.
Without prejudice to the foregoing, and to the extent permitted by applicable law, BPER Bank Luxembourg s.a. makes no representations or warranties:

• (a)regarding the accuracy, timeliness, adequacy, commercial value or completeness of any data and/or information contained on the Site;
• (b)that the Site is free from computer viruses or other malicious, destructive or corrupting codes, agents, programs or macros; or
• (c)that the functions contained on the Site will not be interrupted, or error-free or that defects will be corrected,

and BPER Bank Luxembourg s.a. accepts no responsibility or liability in relation to such matters.
To the extent permitted by applicable law, in no event will any member of the BPER Bank Luxembourg s.a. be liable for the published content of any third party which is available on the Site or any direct, special, indirect, consequential, incidental damages or any other damages of any kind, including damages caused by gross negligence or wilful misconduct arising out of your use of the Site.

The Site is not directed at any person in any jurisdiction where for any reason the publication or availability of the Site is prohibited. Those in respect of whom such prohibitions apply must not access the Site.
BPER Bank Luxembourg s.a. does not represent that (i) any of the materials on the Site; (ii) any investment services that may be deemed to be available on the Site; or (iii) anything else on the Site, are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt. Those who access the Site may not necessarily be able to deal directly with all or any member of the BPER: Gruppo and should only deal with such members of the BPER: Gruppo that are appropriately licensed or permitted to deal with such persons or otherwise exempt from applicable licensing or regulatory requirements under the local laws and regulations in the relevant jurisdiction.
Information or material on the Site may not have been approved, reviewed or verified by any relevant regulator in any jurisdiction.

BPER Bank Luxembourg s.a., BPER: Gruppo members, and their associates, shareholders, directors, officers and employees may have interests in any products and services referred to on the Site by acting in various roles. BPER Bank Luxembourg s.a, shareholders, directors, officers and employees may make a market or deal as principal in the securities, commodities or instruments mentioned in materials on the Site or in options or other derivative instruments based thereon.
INTELLECTUAL PROPERTY
All right, title and interest in the Site is the exclusive property of BPER Bank Luxembourg s.a., Inc. except as otherwise stated.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, create derivative works from, transmit, or in any way exploit any part of the Site.
All trademarks, service marks, trade names, brand features and logos displayed on this Site are proprietary to BPER Bank Luxembourg s.a., members of the BPER: Gruppo, and/or their respective owners, except as explicitly noted. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Site without the written permission of BPER Bank Luxembourg s.a. or such other third party that may own the trademark displayed on this Site. Your use of the trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited.
Any unauthorized use of the trademarks, service marks, trade names, brand features and logos displayed on this Site may violate copyright, trademark or other intellectual property laws, and the laws of privacy and publicity and communications. If you download any information from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
Additionally, you may not offer any part of the contents of the Site for sale or distribute such part over any medium, including, but not limited to, distribution by television or radio broadcast, or distribution on a computer network. You may not make any part of the Site available as part of another website, whether by scraping, robotic or web-bot access, hyperlink framing on the Internet or otherwise. The Site and the information, commentary and materials contained therein may not be used to construct a database of any kind. You shall not store the Site (in its entirety or in any part) in databases for access by you or any third party or distribute any database sites containing all or part of the Site.

You are prohibited from:
(a) using this Site in any manner that could damage or overburden any BPER Bank Luxembourg s.a. server, or any network connected to any BPER Bank Luxembourg s.a. server, as all servers have limited capacity and are used by many people;
(b) using this Site in any manner that would interfere with another party's use of the Site;
(c )including the term "BPER Bank Luxembourg s.a." or any BPER Bank Luxembourg s.a. trademark or executive's name or any variation of the foregoing, as a meta-tag, hidden textual element;
(d) using any robot, spider, intelligent agent, other automatic device or manual process to search, monitor or copy this Site or the reports, data, information, content, software, products, services or other materials on, generated by or obtained from the Site, whether through links or otherwise (collectively "Devices") without BPER Bank Luxembourg s.a's permission, provided that generally available third party web browsers may be used without such permission; or
(e) using this Site or the Devices in any manner that could create an impression of affiliation, sponsorship or endorsement by BPER Bank Luxembourg s.a. or any member of the BPER: Gruppo.

The valuations contained herein are indicative and may be based on historical data and should not be substituted for information derived from real time market data. These valuations may differ substantially from firm valuations and are not a commitment by BPER Bank Luxembourg s.a. to enter into any transaction. They may not reflect BPER Bank Luxembourg s.a's internal theoretical valuation models and may vary significantly from indicative valuations available from other sources. There may be certain factors that have not been assessed for the purposes of these valuations that may substantially affect a stated valuation. While BPER Bank Luxembourg s.a. has obtained the information on which these valuations are based from sources that it believes to be reliable, BPER Bank Luxembourg s.a. makes no representations or warranties with respect to any indicative valuations. Past performance cannot be a guide to, or an indication of, future performance.

Third party sites or pages that are linked to the Site are for information purposes only and may not have been reviewed or verified by BPER Bank Luxembourg s.a.
BPER Bank Luxembourg s.a. has no responsibility for the content of the third party sites or pages linked to or from the Site and no affiliation, sponsorship, approval, verification, investigation, monitoring or endorsement of any such sites or pages or of their content is implied. Following links to or from any other sites or pages shall be at your own risk and BPER Bank Luxembourg s.a. accepts no responsibility or liability, to the extent permitted by any law, for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked sites or pages.

The following web browsers are recommended for viewing the Site: Microsoft Internet Explorer 10.0 or higher.

THE INFORMATION ON THE SITE IS NOT INTENDED AS AN OFFER OR SOLICITATION FOR THE PURCHASE OF ANY SECURITY OR FINANCIAL INSTRUMENT, OR TO PROVIDE ANY INVESTMENT SERVICE OR INVESTMENT ADVICE IN THE UNITED STATES.

This is not investment research within the meaning of applicable regulatory rules in the European Economic Area. Nor does it constitute a personal recommendation within the meaning of applicable regulatory rules in the European Economic Area, or take into account the particular investment objectives, financial situations or needs of individual investors. It is not intended for retail clients. It is intended only for persons who are "eligible counterparties" or "professional clients" for the purposes of applicable regulatory rules in the European Economic Area.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Use shall remain in full force and effect.