Legal terms
Publisher
Portzamparc is a subsidiary of BNP Paribas SA.
Portzamparc Société Anonyme au capital of €5 033 368 registered with RCS Paris under No 399-437-223
Head Office: 1 boulevard Haussmann - 75009 Paris
Credit and investment institution approved by the Prudential Supervisory Authority and resolution (ACPR) 61 rue Taitbout 75436 Paris Cedex 09 and controlled by the Financial Markets Authority (AMF) 17 place de la Bourse 75082 Paris Cedex 02.
Insurance brokerage company registered in ORIAS as 07027204 (auditable information on the Orias website)
Bureaux: 16 rue de Hanovre – 75002 Paris
Individual VAT identification number: FR399223437
N° ADEME: FR200182_01XHWE
Phone number: 01 40 17 59 49 (local call cost varies according to operator)
Internet: www.portzamparc.fr
Email address: portzamparc@bnpparibas.com
Offices:
- Paris, 16 rue de Hanovre 75002
- Lyon, 10 rue de la République 69001
- Marseille, 42 Boulevard de Dunkerque 13002
- Nantes, 13 rue de la Brasserie 44100
Director of publication: Frédéric Biraud
Webhosts website realization: BNP Paribas (DID602) 41 Rue de Valmy - 75048 MONTREUIL
GENERAL CONDITIONS OF USE
Conditions of Access and Use
By accessing this site and the information it contains the user acknowledges having read these general conditions of use and agrees to abide by them. The publisher reserves the right to amend these general conditions of use at any time and in particular to adapt them to changes in the site.
The user therefore undertakes to consult these general conditions of use on a regular basis. The user is deemed to accept the latest version at each new connection to the site.
Access requirements
This site is subject to French law which remains the only law applicable to all users regardless of the place of use or any other external link of the site. Only Portzamparc clients have access to all the web site's functionalities. Use and consultation by persons with a tax or mail address in the USA is expressly excluded.
Most of the content and services on this site are available in French and sometimes in English. In the event of a dispute the French version shall prevail.
The documents information and services on the site are intended for Portzamparc's clients and in part for prospects.
This site is accessible 24 hours a day 7 days a week except in cases of force majeure acts by third parties and/or maintenance work and interventions necessary to the proper operations of the web site. In this case the interruption shall be notified by means of a warning on the home page or by any other means. For security reasons (in particular to protect the user’s personal data or to prevent fraudulent transactions) Portzamparc may suspend access to the web site at any time without prior information.
If the web site is interrupted for any reason the user may at any time reach his/ her usual contact person to instruct his/ her operations.
Pricing
Access to this web site is free of charge excluding the provision of Internet access and telephone communications the costs of which are charged directly by operators.
Information on products and services
The informations on the Portzamparc website are strictly for information purposes and does not entail any legal commitment or contractual agreement on the part of Portzamparc which reserves the right to modify their characteristics.
Access to products and services on the site may be subject to compliance with eligibility conditions and/or restrictions. None of the goods and/or services will be provided by Portzamparc to a person if the law of his/her country of origin or of any other country prohibits it.
However it is up to any interested person to check beforehand with his usual contact person that his/her legal and fiscal status allows him/her to subscribe to the products and/or services.
The products and services on this web site are intended to be offered and provided according to contractual conditions and tariffs.
Other general information provided on a non-contractual basis.
Other information of a general nature (economic financial etc.) are provided on a non-contractual basis and are only of indicative or informative value.
Despite all the care taken to update these information’s and their contents the documents made available online may contain technical inaccuracies and typographical errors which cannot in any way commit Portzamparc.
These general informations do not constitute a recommendation to invest. It should be noted that investments in financial instruments are subject to upward and downward movement and to a risk of capital loss.
The user is solely responsible for the use of these general information.
Use of the website by user
Users must take all appropriate measures to protect their own data and/or tools due to the risks associated with using the Internet.
The user undertakes to preserve the integrity of the site and shall refrain from obstructing or forcing the operation of the site altering or fraudulently deleting contents accessible via the site and from fraudulently entering data on the site.
Accordingly Portzamparc:
- shall not be liable for any damage which might be suffered on the occasion of a visit to its web site by the technical environment of the user in particular his/her computers softwares networks equipments (modems telephones etc.) and any other equipment used to access the services and/or information.
- cannot be held responsible in the event of misuse of the web site by the user.
- shall in no event be held responsible for the reliability of data transmission access times any restrictions on access to the Internet or to the networks connected to it.
- shall not be liable in the event of interruption of access networks to the web site total or partial unavailability of the web site resulting in particular from the telecommunications operator transmission error or transmission security problems reception equipment or telephone line failures.
Safety
Access to personalized space.
The user remains responsible for the confidentiality and security of his/her identifier and access password. Portzamparc strongly recommends choosing a strong password with a minimum of 6 characters consisting of lower case upper case numbers and special characters. It is advisable to avoid first names dates of birth and in general everything that may be similar to personal information. Portzamparc suggests giving preference to a password specific to access to the Portzamparc account.
Portzamparc will periodically request the user to change his/her password.
If there is any doubt about the integrity of the password it is recommended to change it promptly. Any change to the password is of the sole responsibility of the user.
Portzamparc reminds that it is strictly forbidden to communicate to any third party the password and/or any of the access identifiers. To this end the user undertakes to protect and keep secret his/her passwords and identifiers and to inform Portzamparc without delay of any breach of confidentiality loss or anomaly in respect thereof.
It is expressly agreed that any connection to the web site or any order placed through the web site preceded by the identifier and/or password is deemed to originate from the user.
Safety precautions
It is recommended to log off upon use of the web site. As a security measure any opened session will automatically disconnect after 30 minutes of inactivity. However manual disconnection is recommended.
At each connection the user must ensure that he/she controls the latest movements on his/her account(s) and in case of suspicious movements he/she must immediately contact his/her usual contact person to inform him/her of the situation.
The password to access the accounts must remain secret. The password is confidential and Portzamparc will not request access to it by e-mail or telephone. We remind that it is inappropriate to communicate confidential information by e-mail or on social networks and forums since any personal data can be used by a malicious individual to try to crack a password.
To unblock access codes to their account(s) the user should reach their usual contact person.
It is recommended that you update your operating system your Internet browser and associated software such as Java the PDF reader Flash… to take advantage of the latest patches and thus limit system failures.
For more information on security visit our security section on the website.
Responsibility
Portzamparc undertakes to implement the necessary means to ensure that the web site operates under the best conditions.
However Portzamparc is bound only by an obligation of means and could not be held responsible for a defect or malfunction of the web site resulting from events over which it has no control in particular:
- the transmission of data failures in the operation of the equipment or failures of the Internet or connection relied on or any error attributable to the telecommunications network operating company.
- an error inadequacy or imprecision in the instructions transmitted by the user or in the use by a third party of his/her access codes.
- interruptions of the web site as a result of fortuitous events or force majeure or any event likely to interfere with the normal functioning of the site as defined by applicable laws and regulations.
- any disruption on the Internet or telecommunications network or a breach in the means of transmitting the orders used whether that breach occurs between the user and him/herself or between him/herself and the market on which the order is introduced.
Similarly Portzamparc cannot be held responsible for access to the web site which does not comply with these general conditions of use.
In the event of a complete or partial interruption of the site the user may contact his or her usual contact person or use other available means of communication to ensure that his or her instructions are considered.
The user also recognizes that a failure of his/her computer/electronical access mean and its possible consequences in particular on his/her personal data and operations cannot be of Portzamparc responsibility. Similarly in the event of non-compliant use in particular following theft loss or inadequate electronical access mean protection ant liability of Portzamparc is expressly excluded.
Protection of personal data
We invite you to consult our Personal Data Protection Notice available online.
Warnings messages
Client's prior warning on financial markets
The investment in financial securities is intended for clients who agree to bear a capital loss which may at worst represent the amount invested but may not exceed it (except in the case of derivatives Deferred Settlement Service or short selling operation). Investments on the financial markets are likely to vary considerably both upwards and downwards over longer or shorter periods. Portzamparc has no influence on these variations. By investing in the financial markets either directly or through the intermediary Investment Funds the client takes the risk of not getting returned the capital initially invested when it is needed for any reason. Portzamparc therefore recommends that the client should not invest all his/her savings on investments that are likely to vary and comply with the recommended investment terms and diversify his/her investments. Before investing in financial markets the client must be fully aware of the random nature of stock exchange transactions and of the risks inherent to such transactions due to their speculative nature.
The client must be aware of and understand the characteristics and risks inherent to the financial securities he/she invests in and adapts its investments to its personal situation and its investment horizon. Past performance is not indicative of future performance and is not consistent over time.
Warnings specific to transactions in foreign markets directly or via implied Investment Funds
Foreign markets have very different and their own rules of organization. Portzamparc recommends a high degree of vigilance regarding interventions in these financial markets both because of their specific rules and because of less easy access to information about them (in particular the lack of systematic information on securities transactions). Intervention in foreign markets exposes the client to an exchange risk that can be profitable but also aggravate a loss or reduce performance. Counterparty risk (issuer default) is also potentially higher depending on the stringency of the regulations applicable in the issuing country. For emerging markets in particular volatility (the potential range of upside or downside changes) is also generally higher.
Warnings specific to transactions in foreign markets directly or via implied Investment Funds
Foreign markets rules vary from another. Portzamparc recommends a high degree of vigilance when acting in these markets both due to their specific rules and less easy access to information about them (including the lack of systematic information on corporate actions). Intervention in foreign markets exposes the client to a currency risk that can be profitable but also worsen a loss or reduce performance. Counterparty risk is also potentially higher depending on the regulatory environment in the country of issuance. For emerging markets in particular volatility (the potential range of upwards or downwards changes in prices) is also generally higher.
Warnings relating to any Order with Deferred Settlement Service (hereinafter referred to as “ODSS”)
The ODSS concerns clients accepting a risk of capital loss more than the amount invested. It implies that the client invests more than its assets deposited with Portzamparc. Indeed given the leverage effect and the large and rapid variations that the securities in scope may be subject of the ODSS is highly speculative and risky. The ODSS’s leverage multiplies both gains and losses and can quickly generate a loss more than the amount of assets deposited as collateral. Unlike purchases with Deferred Settlement Service the potential loss related to sales with Deferred Settlement Service is not limited. This since the price of the sold security can theoretically increase infinitely while the price of the acquired security with Deferred Settlement Service at the time of purchase can never be negative. The gain and risk of loss potentially greater than the amount invested may realize in a very short period of time. Before instructing its first ODSS the client must contact his/ her usual contact person within Portzamparc who will ensure he/she is fully aware of the service and its associated risks. The client must provide Portzamparc with its telephone details which he/she can at any time be reached. The ODSS requires the client a broad knowledge of the applicable regulations and the operations of markets. Portzamparc recommends its clients to limit the proportion of Deferred Settlement Service transactions in its portfolio invested in stock markets. The collateral monitoring mechanism related to ODSS (financial assets and cash allocated by the client to guarantee the performance of the order) requires Portzamparc pursuant to stock market fluctuations unfavorable to the client’s positions to automatically restore the collateral required by the Deferred Settlement Service in (fully or partially) liquidating the positions where the client does not constitute additional collateral as requested within the regulatory period. The loss resulting from these sales may by virtue of its size exceed the amount deposited as collateral and thus generate a debt payable by the client.
Special warning on operations involving Warrants Certificates and Turbos
Warrants Certificates and Turbos are complex financial instruments which price movements can be correlated to many parameters and which prices can dramatically vary. These large and rapid fluctuations may quickly generate significant capital gains but also significant capital losses. In addition some Certificates and generally all Warrants have a maturity date from which they become worthless if not exercised. It is the Client's responsibility to monitor the maturities of these products and more generally any parameter related to these sophisticated products. This is particularly sensitive for Certificates with a variable deactivation threshold above which a Certificate loses all value. The update of the deactivation thresholds must be monitored by the client on the website of the relevant Certificate issuer. Before placing first orders on a Warrant Certificate or Turbo clients are requested to know and understand the financial instrument they plan to acquire their characteristics and parameters of fluctuations and to ensure that they fully understand the product through direct contact with their usual contact person.
Intellectual property rights
This hereby website and all elements indicated therein (information data texts sounds images drawings graphics distinctive signs logos marks...) are the exclusive property of Portzamparc or its partners.
All these elements are subject to the provisions of the French Intellectual Property Code and as such are protected against unauthorized use by law or these terms and conditions of use.
Portzamparc grants users a free and non-exclusive strictly personal and non-assignable license to use the web site valid only on the client’ compatible computers and electronics devices for the duration of the commercial relationship with Portzamparc.
Any other copy representation or dissemination in whole or in part of the contents of the web site in any mean or by any process whatsoever shall be strictly prohibited.
Failure to comply with this prohibition shall give rise to civil and criminal liability.
Complaints
Portzamparc has a complaint handling service. The client can request this service at the following address:
Portzamparc - Service Qualité Clientèle - 16 rue de Hanovre - 75002 Paris or by e-mail at portzamparcqualite@bnpparibas.com.