(Last updated: 31 October 2022)
The purpose of these general conditions (hereinafter the "General Conditions") is to provide a framework for the conditions of access, use and operation of the website https://warrants.bnpparibas.com (the "Website") by any user accessing it (hereinafter the "User"). They shall not apply to the purchase of products or services offered on this website. These products and services are subject to the relevant product conditions.
If the General Conditions are amended, BNP Paribas Arbitrage S.N.C. will indicate on the Website the date of the update of the General Conditions.
ARTICLE 1 ADDRESSEES
The information on the website is intended exclusively for persons resident in GLOBAL.TermsOfUse.country-en. The User undertakes not to use these websites if he/she is no longer resident in GLOBAL.TermsOfUse.country-en. The securities on this website are not offered or sold, in particular in the United States or to or for the benefit of US persons. In this sense, U.S. persons are those defined in Regulation S of the United States Securities Act of 1933 and include, in particular, residents of the United States and American capital and partnerships.
ARTICLE 2 ACCESS / AVAILABILITY OF WEBSITE
The User acknowledges having the competence and means to access and use the Website. The User should be aware that the secrecy of correspondence is not guaranteed on the Internet and that it is for the User to take all appropriate measures to protect its own data and its technical environment (in particular computers, software, network equipment and any equipment used to access or use the service and/or information).
Thus, BNP Paribas Arbitrage S.N.C. assumes no liability for any direct or indirect damage arising from the use of the documents or information on the Website. Moreover, the User should be aware that the offence of fraudulently entering or remaining in a computer system, obstructing or distorting the functioning of such a system, or fraudulently entering or altering data in a computer system are punishable offences.
BNP Paribas Arbitrage S.N.C. will make every effort to maintain a reasonable level of functioning and availability of the Website. BNP Paribas Arbitrage S.N.C. reserves the right at any time, without notice, to restrict access to the Website and its use by the User for maintenance or modification purposes. The liability of BNP Paribas Arbitrage S.N.C. cannot be incurred in the event of interruption of access due to these maintenance or updating operations.
BNP Paribas Arbitrage S.N.C. shall not be liable for any malfunction of the network or servers or for any other event beyond reasonable control that would prevent or impair access to the Website.
BNP Paribas Arbitrage S.N.C. is not responsible for any malfunctions attributable to Internet access providers or content hosted by third parties in connection with the provision of the Website.
ARTICLE 3 NO OFFER TO BUY SECURITIES
The information contained in this Website does not constitute an invitation to subscribe, purchase or sale of securities issued by BNP Paribas or its related companies (in particular BNP Paribas Emissions- und Handelsgesellschaft mbH). They are neither an offer nor an invitation to offer but are intended solely for information purposes.
ARTICLE 4 NO ADVICE, NO INFORMATION CONTRACT
In relation to the website the User and the companies of the BNP Paribas Group will have no contractual relationship. The information contained on these pages is provided outside any contractual relationship and shall not constitute a contractual relationship of advice or information. Investors cannot buy or sell the securities described on this Website directly from BNP Paribas, but only through a broker.
Neither the information on this Website nor the information the User receives via the telephone number indicated on the website (the "hotline") includes any investment, tax or other advice. They do not take into account the User's specific situation with regard to his/her investment objectives and risk inclination. They do not replace the advice necessary in any individual case before the purchase decision by an investment consultant, the User's bank or other tax or financial adviser.
ARTICLE 5 NO FINANCIAL ANALYSIS
Information provided on the website does not constitute ‘financial analysis’ within the meaning of the Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (MiFID II) and has not been prepared in accordance with legal requirements designed to promote the independence of investment research, and is not subject to any prohibition on dealing ahead of the dissemination of investment research.
ARTICLE 6 RISK STATEMENT
BNP Paribas would like to point out that an investment in the products presented on the website is subject to high risks that can lead up to a total loss of used capital. Accordingly, these products are not equally suitable for each user. These products are intended to specialists and should only be purchased by investors with specific expertise.
For Netherlands only:
Leverage products are complex instruments and pose a high risk of rapidly rising losses due to the leverage effect. 7 out of 10 retail investors lose money with the trade in leverage products. It is important to understand how leverage products work and to check whether you can afford the high risk of loss.
ARTICLE 7 SECURITIES PROSPECTUS
If a User considers the purchase of the securities described on this Website he/she should read - prior to the purchase, of the securities - the legally binding final terms, which are included in the base prospectus, if applicable updated by supplements (together the "Securities Prospectus") in relation to the features of the securities as well as the risks associated with those securities and with the issuer. The Securities Prospectus can be downloaded from this Website and is available free of charge in printed form at the office of the issuer BNP Paribas Emissions- und Handelsgesellschaft mbH, Senckenberganlage 19, 60325 Frankfurt am Main, Federal Republic of Germany and at the office of the paying agent, BNP PARIBAS Securities Services, Frankfurt am Main Branch, Senckenberganlage 19, 60325 Frankfurt am Main, Federal Republic of Germany.
ARTICLE 8 PRICE INFORMATION AND MASTER DATA
The price information on this Website is usually taken from different providers (such as Reuters), but can also be calculated by BNP Paribas. Current prices of the securities or underlying assets may be displayed on a time-lag basis due to the rules of the respective exchanges or financial information providers. Further price information, in particular information on the past value developments of the underlying, can be found in principle at the reference in the Securities Prospectus to the respective securities (see the link "Securities Prospectus"); the respective issuer is responsible for the content of the respective Securities Prospectus. Historical performance does not constitute a reliable indicator of the future performance of the underlying or of the securities. BNP Paribas Arbitrage S.N.C. does not guarantee the accuracy of the above information and can change it at any time (including with retrospective effect). The same applies to information on historic price developments, underlyings, as well as the corresponding variable product-related information in relation to returns, risk buffers, barrier levels, gap to certain levels or thresholds, master data included on the Website and other prices and identifiers. Only the relevant rates according to the relevant Securities Prospectus are relevant.
ARTICLE 9 NO GUARANTEE FOR CONTENT
The information contained in this Website comes from sources generally considered reliable by market standards. If a User finds that content is incorrect or incomplete, he/she/they is requested to give an indication to BNP Paribas. If by such indication or otherwise BNP Paribas Arbitrage S.N.C. considers that content is incorrect or incomplete, it will, of course, correct or delete it.
Third party assessments and evaluations reflect the views of the respective author at the time of preparation indicated. They do not have to be in line with the views of BNP Paribas, but they may even be in contradiction.
ARTICLE 10 CONFLICTS OF INTEREST
It should be noted that, from time to time, BNP Paribas buys or sells, for hedging and other purposes, securities, goods, futures or options or holds long or short positions that are identical or related to those securities. This may affect the value of the securities. BNP Paribas may also be a calculation agent or sponsor of underlying assets and may, as such, determine the value of the securities.
ARTICLE 11 INTELLECTUAL PROPERTY
The brands of BNP Paribas S.A. and/or its affiliates, logos, graphics, photographs, animation, videos, scripts and texts published on the Site and its structure are owned by BNP Paribas Arbitrage S.N.C., BNP Paribas S.A. and/or affiliate thereof or licensed by third parties. Such content shall be protected by copyright, trademark and other intellectual property or related rights held by BNP Paribas Arbitrage S.N.C., BNP Paribas S.A. and/or affiliate thereof or its licensors, and shall not be reproduced, used or represented without the express authorization of BNP Paribas Arbitrage S.N.C. and/or BNP Paribas S.A. or its licensors, or face legal proceedings.
In particular, the User shall not modify, copy, reproduce, download, distribute, transmit, commercially exploit or otherwise distribute the contents of the Site or any part thereof without the prior written permission of BNP Paribas Arbitrage S.N.C. and/or BNP Paribas S.A. on a case-by-case basis.
The User undertakes not to impair or attempt to impair the Website in any manner whatsoever and not to use any software or any form of computer program intended to achieve or make available protected content, to make the Website unavailable, to disassemble or decompile the Website or any part thereof, or to reverse engineering, except in cases expressly permitted by the applicable regulations.
ARTICLE 12 HYPERLINKS AND THIRD PARTY CONTENTS
Hyperlinks available on the Website can refer to third-party sites not published by BNP Paribas Arbitrage S.N.C. They are provided solely to facilitate the use of Internet resources. If the User uses these links, he/she leaves the Website and then agrees to use the third-party sites at his/her own risk or in accordance with the conditions governing them.
BNP Paribas Arbitrage S.N.C. cannot be held responsible in any way for these hyperlinks.
ARTICLE 13 PERSONAL DATA AND COOKIES
13.1 Personal data
To ensure the proper functioning of the Website, BNP Paribas Arbitrage S.N.C. is likely to collect personal data concerning the User, through cookies and other similar tracking technologies. Moreover, BNP Paribas Arbitrage S.N.C. may collect User data for the purpose of answering requests made by the User, for which BNP Paribas Arbitrage S.N.C. acts as data controller. For more information on how BNP Paribas processes User personal data, click on the Data Protection Notice of BNP Paribas Arbitrage S.N.C. available at https://warrants.bnpparibas.com/terms-of-use#DataProtectionNotice.
When navigating on the Website, cookies may be placed on the User’s equipment.
ARTICLE 14 APPLICABLE LAW / COMPETENT COURT
Without prejudice to the mandatory rules of consumer law in the Users place of residence, where applicable, these General Conditions are governed, interpreted and applied in accordance with French law.
In the absence of an amicable settlement, any dispute shall be expressly referred to the competent courts (as far as permitted by law).
ARTICLE 15 AMENDMENT TO THE GENERAL CONDITIONS
BNP Paribas Arbitrage S.N.C. reserves the right to amend, modify, update or remove, in whole or in part, at any time, without prior notice and with immediate effect these General Conditions.
A User should review these General Conditions from time to time in order to confirm if any updates or changes were made hereto.
(Last updated: 31 October 2022)
We take the protection of your personal data very seriously; accordingly, the BNP Paribas Group has adopted strong principles in its Personal Data Protection Charter available at https://group.bnpparibas/uploads/file/bnpparibas_personal_data_privacy_charter.pdf.
BNP Paribas Arbitrage SNC ("We"), are responsible, as a controller, for collecting and processing your personal data, in relation to our activities. The purpose of this Data Protection Notice is to let you know which personal data we collect about you, the reasons why we use and share such data, how long we keep it, what your rights are and how you can exercise them.
Further information may be provided where necessary when you apply for a specific product or service.
1. ARE YOU SUBJECT TO THIS NOTICE?
This Data Protection Notice applies to you ("You") if you are interested in our products or services and make your personal data available to us (e.g. by contacting us via the contact options provided on this website).
When you provide us with personal data related to other people, please make sure that you inform them about the disclosure of their personal data and invite them to read this Data Protection Notice. We will ensure that we will do the same whenever possible (e.g., when we have the person's contact details).
2. HOW CAN YOU CONTROL THE PROCESSING ACTIVITIES WE DO ON YOUR PERSONAL DATA?
You have rights which allow you to exercise real control over your personal data and how we process them.
If you wish to exercise the rights listed below, please submit a request by sending an e-mail to the following address firstname.lastname@example.org or on our website. We may ask you to provide us with a scan/copy of your identity card.
If you have any questions relating to our use of your personal data under this Data Protection Notice, please contact our Data Protection Officer at the following address email@example.com.
2.1. You can request access to your personal data
If you wish to have access to your personal data, we will provide you with a copy of the personal data you requested as well as information relating to their processing.
Your right of access may be limited in the cases foreseen by laws and regulations. This is the case with the regulation relating to anti-money laundering and countering the financing of terrorism, which prohibits us from giving you direct access to your personal data processed for this purpose. In this case, you must exercise your right of access with CNIL (Commission Nationale de l'Informatique et de Libertés), which will request the data from us.
2.2. You can ask for the correction of your personal data
Where you consider that your personal data are inaccurate or incomplete, you can request that such personal data be modified or completed accordingly. In some cases, supporting documentation may be required.
2.3. You can request the deletion of your personal data
If you wish, you may request the deletion of your personal data, to the extent permitted by law.
You can object to the processing of your personal data based on legitimate interests
If you do not agree with a processing activity based on a legitimate interest, you can object to it, on grounds relating to your particular situation, by informing us precisely of the processing activity involved and the reasons for the objection. We will cease processing your personal data unless there are compelling legitimate grounds for doing so or it is necessary for the establishment, exercise or defence of legal claims.
2.4. You can object to the processing of your personal data for commercial prospecting purposes
You have the right to object at any time to the processing of your personal data for commercial prospecting purposes, including profiling, insofar as it is linked to such prospecting.
2.5. You can suspend the use of your personal data
If you question the accuracy of the personal data we use or object to the processing of your personal data, we will verify or review your request. You may request that we suspend the use of your personal data while we review your request.
2.6. You have rights against an automated decision
As a matter of principle, you have the right not to be subject to a decision based solely on automated processing based on profiling or otherwise that has a legal effect or significantly affects you. However, we may automate such a decision if it is necessary for the entering into or performance of a contract with us, authorised by regulation or if you have given your consent.
In any event, you have the right to challenge the decision, express your views and request the intervention of a competent person to review the decision.
2.7. You can withdraw your consent
If you have given your consent to the processing of your personal data, you can withdraw this consent at any time.
2.8. You can request the portability of part of your personal data
You may request a copy of the personal data that you have provided to us in a structured, commonly used and machine-readable format. Where technically feasible, you may request that we transmit this copy to a third party.
2.9. How to file a complaint with CNIL (Commission Nationale de l'Informatique et de Libertés)
In addition to the rights mentioned above, you may lodge a complaint with the competent supervisory authority, which is CNIL (Commission Nationale de l'Informatique et de Libertés). You may also contact the one in your place of residence.
3. WHY AND ON WHICH LEGAL BASIS DO WE USE YOUR PERSONAL DATA?
In this section we describe how and why we use your personal data and draw your attention to some data processing we consider could be more impactful for you and, in some cases, may require your consent.
a. To fulfil our legitimate interest
We use your personal data:
- for effective processing of your requests / contact;
- for risk management purposes, in particular the enforcement of lawsuits and defense in litigation (e.g. in case of complaints);
- for security of our IT systems (e.g. to enable blocking of affected IP addresses in case of cyber security attacks).
In any case, our legitimate interest remains proportionate and we verify according to a balancing test that your interests or fundamental rights are preserved. Should you wish to obtain more information about such balancing test, please contact us using the contact details provided in section 2.
b. To meet our various legal and regulatory obligations
We use your personal data to:
- monitor and report risks (financial, credit, legal, compliance or reputational, default, etc.) that we and/or the BNP Paribas Group may incur;
- record e-mails and messages, etc., to the extent legally necessary;
- exchange and report any business, transaction or order, or to respond to an official request from a duly authorized local or foreign financial, tax, administrative, criminal or judicial authority, arbitrator or mediator, law enforcement agency, governmental agency or public body .
c. To respect your choice if we have obtained your consent for a specific data processing
For certain processing of personal data, we give you specific information and ask you to agree to such processing. Please note that you may revoke your consent at any time.
4. WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
We collect and use your personal data, meaning any information that identifies or allows to identify you, to the extent necessary in the framework of our activities. We collect various types of personal data about you, including:
- identification information (e.g. name) if you contact us via the contact form on the website or via e-mail / telephone
- contact information private or professional (e.g. e-mail address, phone number) if you contact us via the contact form or e-mail / telephone;
- data from your interactions with us, our branches (contact reports), our internet website, e-mail, phone conversation;
- information about your device (IP address)
We never ask for any other sensitive personal data such as data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning your sex life or sexual orientation, unless it is required through a legal obligation.
5. WHO DO WE SHARE YOUR PERSONAL DATA WITH AND WHY?
a. Sharing of information
We may be sharing information to other BNP Paribas entities (such as BNP Paribas S.A.) in case necessary to process any requests / contacts or in case it becomes necessary for risk management purposes as described above). In addition, we may be sharing information to financial authorities, supervisory authorities, judicial authorities or other public bodies and institutions, upon request and where there is a legal or regulatory obligation.
6. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will retain your personal data over the period required to comply with applicable laws and regulations or another period with regard to our operational requirements, such as proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests.
7. HOW TO FOLLOW THE EVOLUTION OF THIS DATA PROTECTION NOTICE?
In a world where technologies are constantly evolving, we regularly review this Data Protection Notice and update it as required.
We invite you to review the latest version of this document online, and we will inform you of any significant amendments through our website or through our standard communication channels.
The BNP Paribas Group is committed to delivering the best possible service to you while maintaining the confidence that you place in us.
In this context, we have adopted strong principles to ensure the protection of your data.
As such, we would like to provide you with transparent information about how we place, use and store cookies on your device when you use our website https://warrants.bnpparibas.com (the “Website”) and you present the options to manage and delete cookies.
1. What is a cookie?
Cookies are small text, image or software files that can be placed and/or read on your device when you access our Website. The word “device”, when used in this Cookies Policy, refers notably to computers, smartphones, tablets and all other devices used for accessing the internet.
Cookies may be either: (i) session specific, meaning that they are deleted from your device once the session and browser are closed; or (ii) persistent meaning that they will remain on your device until they are removed.
2. What kind of information can be stored in a cookie?
The information stored by cookies placed on your device may relate to the following elements, within the limit of their retention period:
- the type of browser you are using;
- your country settings;
- and any other information you have provided on our Website.
Cookies may contain personal data covered by our Data Protection Notice.
3. What type of cookies do we use? Is it possible to refuse the installation of these cookies?
Cookies we use on this Website are exclusively cookies which have the sole purpose of enabling or facilitating communication by electronic means or which are strictly necessary for the operation of the Website.
For instance, cookies we use on this Website can allow us to:
- Enhance the security of the Website, e.g. by preventing Cross-Site Request Forgery (CSRF) attacks;
- Keep track of your settings in your use of our Website (e.g. language, country etc.).