GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE, MOBILE WEBSITE, MOBILE APPLICATION AND TELEPHONE SERVICE OF HSBC EPARGNE ENTREPRISE (FRANCE)

 

Article 1 - Purpose of the Services

1.1 Services offered

HSBC Epargne Entreprise (France) offers the following Services:

- a secure website;

- a mobile application;

- a telephone service;

- a mobile website.

These Services enable users to obtain general information and to consult accounts of which HSBC Epargne Entreprise (France) is the custodian within the scope of its employee savings and retirement business. Online transactions can also be carried out via the website and the app.

1.2 Development of the Services

HSBC Epargne Entreprise (France) may develop and adapt the Services. Any modification of the Services shall give rise to a modification of these General Terms and Conditions. These modifications shall be automatically imposed upon users.

Article 2 – What is needed to access the Services

2.1 Equipment

Use of the Services by users necessarily implies:

- for the website: the use of a terminal that is capable of accessing the Internet (a PC with a modem or other means of connection), the use of a web browser and an Internet access subscription that has been taken out in advance with an Internet Service Provider;

- for the Interactive Voice Server: the use of a telephone that is able to detect multi-frequency keys, in line with current standards, in order to use the telephone service;

- for the mobile website and the app: the use of a compatible telephone or any other mobile device, such as tablets, with an Internet connection and the minimum required configuration specified in the description of the app;

The app must first be installed on the respective user’s device by downloading it from an online store.

Users are personally responsible for hiring/purchasing and maintaining this equipment and the rights to use the software, and shall have assumed responsibility for ensuring that the equipment and software are compatible with the Services offered by HSBC Epargne Entreprise (France).

In the event of a dispute between a user and their telecommunications operator, or any other operator or intermediary, or in the event of a malfunction of the computer or the means of access for which the user is responsible, or of the Internet and the access to the Internet, whatever the cause or origin, HSBC Epargne Entreprise (France) may not be held liable if this gave rise to problems with transmission and with routing the user’s instructions within the normal time limits.

2.2 Access codes

2.2.1 Access to the Services

Access to the Services is conditional upon a double electronic key being set up in advance:

  • an account number/user name. The account number/user name is permanent.
  • a password

In a direct relationship, HSBC Epargne Entreprise (France) will notify each account holder concerned of the account number/user name and password allocated to each user and to the Corporate Correspondent. In an indirect relationship, HSBC Epargne Entreprise (France) will notify the Corporate Correspondent of the account number/user name and password allocated to each user and to the Corporate Correspondent; the Corporate Correspondent shall be responsible for issuing the codes to each account holder concerned.

Once users have received these two codes they shall be solely responsible for their safekeeping. Holders expressly undertake to maintain their confidentiality and to bear any consequences that may result from disclosing them, whether voluntarily or non-voluntarily. They expressly agree that HSBC Epargne Entreprise (France) shall be exempt from any liability in the event of their fraudulent use. The first password shall be posted specifically to the relevant user. The password can then be sent to the user by post or e-mail. Users will be invited to change their password when they log in for the first time and periodically thereafter in order to ensure its confidentiality. In addition they are advised not to choose a password that is easy for third parties to detect. Users may change their password online at any time.

On the website, the mobile site, the mobile application, users are asked to enter a one-time-use code sent by e-mail or otherwise by SMS when they log in. They will then be asked to register their log-in terminal in order to avoid a code being entered again when they next log in. Registering a log-in terminal that is not specific to the user is not advised.

Where the e-mail and mobile phone are missing in the user data, users must request the renewal of their password by post.

 

2.2.2 Authentication of users

Using the password accompanied by the one-time-use code or from a registered terminal is all that is required to establish a user’s identity and to presume that any transaction carried out after entering the requested data necessarily originates from such user. Inputting this security data is equivalent to the respective user’s signature and proves their consent to any transactions that are carried out.

2.2.3 Forgetting or losing the password – Blocking access to the Services

The number of successive attempts at entering the password is limited to three and access to the Services is temporarily blocked after the last unsuccessful attempt. In the event of the loss or theft of the access codes the account holder must inform HSBC Epargne Entreprise (France) accordingly and file a stop order. This stop order can be lodged by sending a message in the “Contact us” menu or by sending a registered letter to the following address:

HSBC Epargne Entreprise (France)

Informations et Assistance aux Salariés

La Grande Arche – Paroi Nord

92800 La Défense.

Access to the functionalities of the Services will then be suspended. Stop orders that have been lodged via e-mail must be confirmed immediately to HSBC Epargne Entreprise (France) by registered letter, sent to the above address. In the event of a dispute over the date of the stop order solely the date on which HSBC Epargne Entreprise (France) received the written confirmation shall be authoritative. In the absence of any stop order HSBC Epargne Entreprise (France) shall be entitled to consider that any connection to the website and/or the app by means of the access data is irrefutably presumed to originate from the account holder to which they were allocated. Lodging a stop order shall result in the allocation of a new provisional password, which shall be sent to the user in writing and shall enable the Services to resume. HSBC Epargne Entreprise (France) shall not be liable for the consequences of any unauthorised third-party use of a user's user name and password.

2.2.4 Suspension of access

HSBC Epargne Entreprise (France) reserves the right to suspend access to one or more of the Services if it should become aware of facts indicating the fraudulent use or the attempted fraudulent use of its Services. It shall inform the interested party of this by any means at its disposal.

Article 3. Acceptance and amendment of the General Terms and Conditions of Use

After having identified themselves by means of their access codes users must consult the General Terms and Conditions of Use of the Services before accessing the latter’s respective functionalities.

Users accept the General Terms and Conditions by clicking on the button “I have read and I accept the General Terms and Conditions of Use”, which is located at the end of the General Terms and Conditions of Use, when accessing the website, the mobile website or the app for the first time.

Any use of the Services shall be deemed to constitute acceptance of these General Terms and Conditions. Users acknowledge having taken note of the General Terms and Conditions of Use that appear on the websites and the app, and agree to comply with them.

It is not possible to accept the General Terms and Conditions of Use on the telephone service. Therefore accessing the secure part of the telephone service presupposes prior acceptance of the General Terms and Conditions on the websites or via the app.

Users will be notified of any amendment to these General Terms and Conditions via the websites or the app when connecting for the first time following the said amendments. Users must accept the amended General Terms and Conditions before being able to access the online service and the app. Proof of acceptance of the General Terms and Conditions of Use is kept by the systems of HSBC Epargne Entreprise (France). In the event of an amendment to the General Terms and Conditions solely the proof of such acceptance is kept. Users can consult the General Terms and Conditions at any time under the heading “General Terms and Conditions of Use”.

Article 4. Functionalities of the Services

The information notified by the Services shall be deemed to be valid, barring any errors or omissions, and subject to any transactions that are in the process of being recorded or awaiting processing. Documents to which users have access may be provisional.

Transactions carried out via the Services are subject to the provisions set out in the General Terms and Conditions relating to the activity of the Account Custodian.

Users may be required to provide certain personal data, in particular their e-mail address, before accessing the functionalities of the Services.

4.1 Functionalities of the website

In a direct relationship, each user shall have direct access to the functionalities of the website that have been agreed with their company.

In an indirect relationship, save as otherwise provided, solely the Corporate Correspondent shall have access to the full functionalities of the website of HSBC Epargne Entreprise (France). Employees shall only have access to the consulting services and the other services that have been expressly authorised by the corporate client. Transactions shall be carried out via the Corporate Correspondent, save as otherwise provided, which shall be the only party that is able to access the operational part of the website on behalf of employees.

4.1.1 Information

HSBC Epargne Entreprise (France) shall provide information on employee savings and/or retirement, business news and your company’s employee savings and/or retirement plans.

HSBC Epargne Entreprise (France) shall also provide you with information about the conditions for early redemption (supporting documents and conditions, etc.), redemption terms, and procedures for changing contact details and bank details.

In the event of a request for information or assistance, or a complaint, users can contact HSBC Epargne Entreprise via the website, mobile site or mobile application  under the heading “Contact us”.

4.1.2 Consultation

Users can access the consolidated position of their account as well as the details of the assets that they hold. They can obtain information on the account position broken down by the plan, the investment vehicle, the date of availability, and the investment vehicle and the date of availability combined.

If users have assets in several companies in respect of which HSBC Epargne Entreprise (France) is the Account Custodian they have the benefit of a consolidated overview of their accounts, provided the company has notified the users’ social security number on the one hand, and that their first and last names are strictly identical across all the accounts on the other.

Users can consult transactions in progress, correspondence that HSBC Epargne Entreprise (France) has addressed to them, particularly in the event of the refusal of a request for an early release, their electronic account statements if they have registered for electronic documents and, where applicable, the terms governing employer contributions in their company. Users can also produce account statements for an earlier date (historical data is available from 9 June 2008).

Users can also consult the documentation and the net asset values relating to the employee mutual funds provided for under their company’s current employee savings and/or retirement plan(s) by accessing the employee mutual fund information website of HSBC Global Asset Management (France), provided the employee mutual fund in question is managed by the latter.

4.1.3 Operations/transactions that can be carried out in the “Plan Members' Area”

Users can carry out the following operations/transactions:

- Edit their personal data;

- Make payments by direct debit;

- Make payments by bank card;

- Amend the selection of investment vehicles (power to decide);

- Transfer their assets between employee savings plans or from time savings to a PERCO (Group retirement savings plan);

-Transfer their assets between other PER (Retirement savings plan – Pacte Law) or other retirement savings products (Article 83, PERP, PERCO,…) to a PER (Group retirement savings plan – Pacte Law);

- Redeem assets that are available or will be available within three months;

- Redeem unavailable assets;

- Reply to notices of election of profit-sharing and/or incentive bonuses, and/or notices of availability of blocked current accounts;

- Cancel transactions:

- Register for electronic documents:

- Registering for notifications of transactions.

Editing personal data

Users can edit their personal data online (e-mail address, telephone number, postal address, civil status), their bank details, their control data. Some changes may require uploading supporting documents.

Users must ensure that their personal data is kept up-to-date, since it is used, in particular, to confirm that account has been taken of certain transactions, to notify the availability of documents in the “Plan Members' Area”, and information that is required by regulations.

HSBC Epargne Entreprise (France) cannot be held liable for any failure to receive information, whether sent by e-mail or by SMS, particularly as the result of outdated data.

Making payments by direct debit drawn on a bank account

If the company has subscribed to this payment method, users may decide to top up their employee savings and/or retirement plan by a direct debit drawn on their bank account. These direct debits may be periodic or exceptional. In order to use this payment method, users must register for the service. This registration can be done by post or directly on the website by uploading an identity document and a direct debit RIB (bank details) form, after electronically signing a SEPA direct debit mandate. Users can then make payments online by specifying, in particular, the first and last month of the direct debit, the frequency, if applicable, the amount and the distribution of the payment across the investment vehicles. Users shall accept all the terms and conditions relating specifically to this service.

Making payments by bank card

Users may decide to top up their employee savings and/or retirement plan by means of voluntary payments made by bank card. To use this functionality, users undertake to exclusively use a bank card that they hold, which is linked to their personal account. Any non-compliant use will be liable to cancellation.

Users must disclose their e-mail address, choose the plan to which they want to make a payment, select the funds in which they want to invest and determine the amount to be paid.

After having clicked on “validate”, they leave the website and are redirected to the Paybox System payment server (a secure system for collecting online payment transactions) via which the transaction can then be carried out. After having entered the number of their bank card, the expiry date of this card, the visual cryptogram on the reverse of the card (a three-figure code) as well as security data agreed with their own bank (password, date of birth, code received by SMS or generated by a personal reader), the transaction can be validated. Users will obtain a response from their bank confirming whether or not their payment is authorised. After having noted this response, they can then return to their respective section of the Plan Members' Area.

Their payment will only be taken into account if the Paybox transaction is accepted.

Their bank card may be refused for various reasons, particularly if the information entered does not exactly match the information relating to the bank card or if the spending limit that has been authorised for the card has been reached.

Amending the selection of investment vehicles (power to decide)

Within the scope of the terms and conditions laid down by their company's employee savings and retirement plan, users may modify the distribution of their assets between the various investment vehicles made available to them within the same plan. This modification shall not affect the duration of the lock-in period of their assets. The selection of investment vehicles may be amended in whole or in part. Users can amend their investment choices based on the investment vehicle and the date of the availability of the sums, or solely based on the investment vehicle.

Transfers

Users can transfer all or some of their savings from one of their company's plans to another plan of which they are a beneficiary in the same company within the limits laid down by the regulations in force. This transaction can be carried out in whole or in part. Users can make a transfer based on the investment vehicle and the date of the availability of the sums, or solely based on the investment vehicle.

Redeeming assets that are available or will be available within three months

Users can redeem their available assets. This request may concern the total or partial redemption of those of their assets that have reached maturity or that will reach maturity within three months. If users wish, and subject to the terms laid down within their company, they may enter a redemption order with a floor value. This value is arrived at by applying a trigger point: either the level of the share in the employee mutual fund or the portfolio share price depending on the funds.

Redeeming unavailable assets

Users in an early release situation may request the redemption of their unavailable assets on the website (except in the event of the death of the beneficiary or in the event of over-indebtedness). They must enter the reason for the early release, its date, and the amount or the number of units that they want to redeem.

If the company's  plan authorises this, and subject to the terms and conditions that it lays down, users may define a floor price for the underlying share in the case of funds invested essentially  in  shares of the company that are traded in euros, or a floor unit value in other cases.

In the event of the purchase, extension or construction of their main residence users choose the amount they want to redeem (within the limits of their personal contribution) and then the investment vehicles that they want the redemption to apply to, in order of priority.

Although the redemption transaction is recorded before the supporting documents have been sent, users must attach the appropriate scanned supporting documents for their request for the release of their unavailable assets to be admissible. Users have 30 days in which to send their supporting documents. When this time limit has expired the user's request will be cancelled. The supporting documents must be provided in one of the following formats: pdf, jpg or jpeg. Each document must not exceed 10MB and their total size must not exceed 25MB. The file name must not contain any special or accented characters.

Acceptance of the General Terms and Conditions of Use implies certification that the supporting documents provided are true copies of the originals. HSBC Epargne Entreprise (France) may need to request that the original documents be posted for verification purposes.

Any application that is incomplete and/or contains supporting documents that are illegible or that cannot be opened by HSBC Epargne Entreprise (France) will be rejected.

Cancellation of an order

Users can cancel a requested transaction provided they do so before the deadline for the receipt of orders specified in the Key Investor Information Documents (KIID) for the employee mutual funds concerned and do so in accordance with the Account Custodian's General Terms and Conditions.

Any cancelled transaction will be confirmed via e-mail and/or SMS, provided the user has notified their personal e-mail address.

Processing of option form

Users can allocate their profit-sharing/incentive bonus in the employee mutual fund(s) offered under an employee savings and/or retirement plan. Users can ask to receive their profit-sharing and/or incentive bonus due to them directly by bank transfer, if their bank details for transfers are on record, or by cheque, if this information is not on record and provided they have notified their postal address, which is valid. Choices stated on the notice of election may be amended or cancelled up until the date specified on the entry page of their option form.

Registration for electronic documents

Users subscribe to this service as a result of registering for it by clicking on the “My Data”/“My Subscriptions” tab. Users must notify or confirm their e-mail address and will then directly receive their next documents (transaction statements, position statements, annual asset statement, summary statement, etc.) electronically in their section of the “Plan Members' Area”, except for transactions that are being processed. They will receive an electronic message informing them of the availability of each document. Electronic documents replace the paper documents sent by post. The frequency of the electronic statements is the same as for paper statements.

Users can unsubscribe from this service at any time by clicking on the same page. Their next documents will then be posted to them in paper form, except for transactions that are being processed. Information contained in electronic documents is confidential; users' attention is drawn to the necessity to use a personal e-mail address for which they are the sole recipient in order to ensure this confidentiality.

Register for notifications of transactions.

Users subscribe to this service as a result of registering for it by clicking on the “My Data”/“My Subscriptions” tab. Users must select the method for receiving these notifications (E-mail and/or SMS). The complete list of notifications is available by clicking on "details of notifications".

 

4.1.4 Transactions in the “Companies' Area”/“Professionals' Area”

Corporate Correspondent

The Corporate Correspondent is the person who is in regular contact with HSBC Epargne Entreprise (France) and who is duly authorised by the company. This person is named in the account opening agreement. There may be more than one Corporate Correspondent for the same company. Corporate Correspondents have access to specific functionalities on behalf of the beneficiaries of the company's employee savings and/or retirement plans. HSBC Epargne Entreprise (France) determines a profile enabling such persons to access various functionalities at the request of the corporate client.

 

Corporate Correspondents can:

- consult the overall position of their company's employee savings as well as the overall or detailed situation broken down by investment vehicle for all the assets allocated to employee savings,

- transmit data that is indispensable for processing transactions by the company's employees, particularly when processing profit-sharing and incentive bonus transactions, etc.,

- track the processing of transactions relating to the company's employee savings and/or retirement plan,

- track reports on Blocked Current Accounts,

- track reports on CSG (general welfare tax) and CRDS (social debt reimbursement tax) deductions,

- consult descriptive information concerning the beneficiaries of the company's employee savings and/or retirement plans,

- consult the history of payments made broken down by the company's investment vehicles,

- consult tables or graphs of the unit values of the investment vehicles provided for by the agreements in force in the company.


Corporate Correspondents must have received a mandate from each of the employees concerned authorising them to carry out certain transactions via the website on their behalf. It is stipulated that HSBC Epargne Entreprise (France) shall not be a party to any dispute that may arise between the company and its employees in relation to the execution of Corporate Correspondents' mandates. Liability lies solely with the Corporate Correspondents.

 

Within the scope of the foregoing Corporate Correspondents can:

- consult the consolidated position of the accounts of each of the company's employees,

- consult the detailed position of the accounts of each of the company's employees,

- consult the history of employees' transactions,

- edit the descriptive information concerning the company's employees,

- change employees' bank details,

- enter election forms and notices of availability on behalf of employees,

- allocate profit-sharing and incentive bonuses,

- make decisions on behalf of employees,

- redeem employees' available assets or assets that will be available within three months,

- redeem employees' unavailable assets.

Corporate Correspondents can obtain employee savings books by ordering them from HSBC Epargne Entreprise (France).

 

4.2 Functionalities of the mobile website and the app

In a direct relationship, each user shall have direct access to the functionalities of the app that have been agreed with their company. In an indirect relationship, employees shall only have access to the consulting services and the other services that have been expressly authorised by the corporate client.

4.2.1 Consultation

Users can access the consolidated position of their account as well as the details of the assets that they hold. They can obtain information on the account position broken down by the plan, the investment vehicle and the date of availability. Users can consult transactions in progress and historical transactions.

Users can also consult the documentation and the net asset values relating to the employee mutual funds provided for under their company's current employee savings and/or retirement plan(s) by accessing the employee mutual fund information website of HSBC Global Asset Management (France), provided the employee mutual fund in question is managed by the latter.

Information notified by HSBC Epargne Entreprise (France) is subject to any transactions that are in the process of being recorded or awaiting processing.

4.2.2 Operations/transactions that can be carried out via the app

Users can carry out the following operations/transactions (for more details see 4.1.3 Operations/transactions that can be carried out in the “Plan Members' Area”):

- Editing personal data.

- Making payments by direct debit.

- Making payments by bank card.

- Amending the selection of investment vehicles (power to decide).

- Transferring their assets between employee savings and/or retirement plans.

- Redeeming available assets.

- Replying to notices of election of profit-sharing and/or incentive bonuses.

- Cancelling transactions.

- Registering for electronic documents.

- Registering for notifications of transactions.

4.3 Functionalities of the telephone service
Information

HSBC Epargne Entreprise (France) shall provide information about employee savings, information about the conditions for early redemption (supporting documents and conditions, etc.), redemption terms, procedures for changing contact details and bank details, and finally information on direct access to a call centre operator.

Employees may elect to receive some of this information via e-mail. Access to this functionality presupposes that users enter their user name and password, and that their personal data contains a valid e-mail address.

 

Consultation

After entering their user name and password, users can access the consolidated position of their account and consult their most recent transactions. Information notified by HSBC Epargne Entreprise (France) is subject to any transactions that are in the process of being processed.

Users authorise HSBC Epargne Entreprise (France) to record incoming telephone numbers used to contact HSBC Epargne Entreprise (France) as well as their telephone conversations with the call centre for the purposes of controlling the quality of the information provided and training its call centre operators.

Article 5. Tariffs

Access to the Services shall not incur additional charges. HSBC Epargne Entreprise (France) reserves the right to charge for access to the Services at a later date. In this case users will be informed in advance of the applicable charge electronically or by post three months before it goes into effect. Transactions carried out within the scope of the Services shall be invoiced in accordance with the list of charges of HSBC Epargne Entreprise (France). Users are personally responsible for paying the costs of connecting to the websites and the app, and for paying the telephone communication costs.

Article 6. Term of the subscription – Termination

Access to the Services of HSBC Epargne Entreprise (France) shall be valid for an indefinite term starting from the date on which HSBC Epargne Entreprise (France) sends the access data to the respective employee.

Access may cease immediately in the event of the termination of the account opening agreement. HSBC Epargne Entreprise (France) may stop access to the website immediately without prior notice in the event of any serious misconduct, irregularity or abuse on the part of a user, or in the event of the closure of a user's accounts. HSBC Epargne Entreprise (France) shall notify any such user of its decision by registered letter with acknowledgement of receipt. HSBC Epargne Entreprise (France) reserves the right to suspend the Services without being obliged to state the reason therefore, subject to giving one month's notice. HSBC Epargne Entreprise (France) also reserves the right to be able to interrupt the Services without giving prior notice and without users being entitled to receive any compensation, particularly for control or maintenance purposes, or in the event of the overloading of the website.

Article 7. Security of communications and information

Users acknowledge that they are fully aware that the confidentiality of correspondence is not guaranteed over the Internet. In this context users expressly release HSBC Epargne Entreprise (France) from its banking secrecy obligation. Clients' attention is drawn in particular to the fact that e-mails circulating over the Internet are not encrypted and may be intercepted by third parties.

Information transmitted when consulting or sending orders via the website circulate over the data transport networks only in an encrypted form. Nevertheless, these standard protocols are subject to vulnerabilities, which are published on a regular basis.

Users assume full responsibility for the preservation of data and/or equipment, and for adequately protecting their system against potential viruses or attempted hacking. It is stipulated that the publisher and its contributors cannot be held liable for any factors beyond their control or for any damage that may be incurred by their technical environment, particularly their computer or any equipment used to access the Services.

Article 8. Liability – Fortuitous events – Force majeure

Within the scope of these General Terms and Conditions HSBC Epargne Entreprise (France) shall be solely subject to an obligation to use its best endeavours. It cannot be held liable for any damage suffered by users due to the use of the Services, or for any improper use or unauthorised use by users.

The involvement of HSBC Epargne Entreprise (France) in the receipt, transmission, cancellation and execution of orders placed by unitholders shall not imply any assessment on its part of their appropriateness, for which the users shall bear sole responsibility.

The Services can be accessed 24/7, subject to technical maintenance operations and the updating of databases. Access to call centre operators on the other hand is limited to working days, between the hours of 8.30 a.m. and 7.00 p.m.

HSBC Epargne Entreprise (France) shall not be responsible for the transport of data, the quality of the availability of the telecommunications networks, service interruptions following fortuitous or force majeure events, particularly those resulting from social conflict, even a partial one, occurring at HSBC Epargne Entreprise (France) or at any other intermediary involved in the functioning of this service, from a power failure, or from service interruptions following the malfunctioning of users' equipment or of the transmission network.

HSBC Epargne Entreprise (France) cannot be held liable since it is neither the supplier of the terminal nor the transporter of the Internet access information.

In the event of a prolonged interruption of the Services an information message shall be displayed, except in cases of force majeure. Users shall still have the option of carrying out transactions by post. HSBC Epargne Entreprise (France) shall not be liable for the consequences of any service interruption.

Article 9. Proof

Proof of logins and proof of transactions carried out via the website shall be kept by the IT systems of HSBC Epargne Entreprise (France) and shall be deemed to be authoritative by the parties.

Users expressly accept that the proof of the transactions that have been carried out results from the recognition of the access codes when authenticating users as well as from the recording of the details of the transaction.

Once 30 days have passed since the execution of the transaction by HSBC Epargne Entreprise (France), claims in respect of transactions that have been initiated shall not be admissible.

Article 10. Applicable law – Disputes

The rules on operating and using these Services shall be governed and interpreted in accordance with French law.

Any disputes shall fall within the exclusive jurisdiction of the competent courts under the jurisdiction of the Paris Court of Appeal.

 

 

 

General Terms and Conditions adopted on 1 February 2021.