General Terms and Conditions of Use and Services for the Bankin' mobile application, the bankin.com website and related services

Version of July 5th 2016.

Users are informed that use of the Bankin' Services via the Bankin’ application or the bankin.com website implies their unreserved acceptance of these General Terms and Conditions of Use and Services.

Introduction

Perspecteev (hereinafter Perspecteev), a société par actions simplifiée (simplified limited company) with capital of €200,000, having its registered office at the address stated in the legal notice available here, registered in the Paris Trade and Companies Register under number 529 196 313, publishes the bankin.com website and operates an application for smartphones and tablets called Bankin’, which is intended to permit any individual to become a user (hereinafter "User" or "You") and gain free access to an online tool to manage their bank accounts, budgets and assets (hereinafter, the Bankin’ Service) and related fee-paying services (the Premium Services) (all of which services are collectively referred to as the Services); Perspecteev is accordingly a recognised "account information service provider", as this term is defined in the European directive 2015/2366 of 25 November 2015 on payment services (hereinafter, the Payment Services Directive).

Perspecteev is a founder member of the France Fintech association, which was created in June 2015 to represent companies using innovative operational, technological or economic models with the aim of addressing existing or emerging problems within the financial services industry, and of a group representing European bank aggregators (European Account Information Services).

1. Purpose of these General Terms and Conditions of Use and Services

Pursuant to article 4 of the Payment Services Directive, the Bankin' Service is an "account information service" which "provides consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider".

In practice, the Bankin' Service offers You free access to an online tool for managing the accounts You hold with a range of banks and institutions, your budgets and assets; it retrieves raw data and reorganizes it in a structured manner to provide You with an overview of your financial position, changes and forecasts. Users are the sole owners of the data. Users have lawful access to the data and are freely entitled to exploit it. In addition to the Bankin' Service, the Bankin' application and the bankin.com website offer Premium Services called Bankin’ Plus+ and Bankin’ Pro, which are described below.

These General Terms and Conditions of Use and Services (hereinafter, the GTCU) set out the characteristics of the Services and their terms and conditions of use, and define the relations between Perspecteev and the Users when using the Services and the rights and obligations of the Users.

In view of the nature of the Services offered on the Bankin' application and the bankin.com website, You acknowledge that they are solely intended as financial management support tools and that any management decisions You may make shall be made autonomously and independently of the services provided by Perspecteev.

2. Enrollment and Access to the Service

2.1. Acceptance and enforcement of the GTCU

To create a User Account and use the Bankin’ Service and the Premium Services, You must accept these GTCU, which constitutes the contract between You and Perspecteev. You can unreservedly accept these GTCU through a process designed to ensure the integrity of your consent. You will first be invited to read these GTCU in full. You may then confirm that you have read and accept them by clicking the "I have read and I accept the GTCU" box, as a result of which all of the provisions of the GTCU are enforceable against You from that time.

The current version of the GTCU is the applicable and binding version. Together with any special terms and conditions that may exist, they constitute the contractual documents by which You are bound.

If any of the clauses of the GTCU are held to be null, invalid or without effect, for any reason whatsoever, the other clauses will remain in full force and effect.

2.2 Modification of the GTCU

Perspecteev reserves the right to amend all or part of the GTCU at any time, in particular in order to reflect changes in the Services offered or the applicable legislation.

You will be promptly informed whenever a new version of the GTCU is uploaded and will be asked to read and accept it.

If You refuse to accept any new version of the GTCU, You agree not to use the Service in any way and undertake to immediately close your User Account.

If You use the Service in any way after a new version of the GTCU has been uploaded, You will be deemed to have accepted the new GTCU. Accordingly, You cannot under any circumstances hold Perspecteev liable for any loss or damage of any kind, for any reason in relation to the new GTCU, if You continue to use the Services.

2.3. Creation of User Accounts

You must create a User Account (hereinafter, the User Account) in order to use the Services.

In order to create a User Account, You must provide a valid email address and password.

Your User Account is strictly personal.

As part of the Service, You will regularly receive electronic messages sent to your email address that allows You to monitor changes in your budget. These messages are necessary for the Service to be provided, and form an integral part of the Service.

Your email address and password must remain strictly personal and confidential. You are solely responsible for the use of your email address and password. You must ensure that the email address provided is your own, as all correspondence and content provided by the Service will be accessible via that email address.

If You provide an incorrect email address, the owner of that email address may receive the information provided by the Services, such as bank account balances and notices of banking transactions. You accordingly waive all claims of liability against Perspecteev, and agree to indemnify and hold Perspecteev harmless against any direct or indirect consequences of such an error. Any access to the Services by means of your email address and password will be deemed to have been carried out by You. You agree to keep your password secret and not to disclose it to anyone under any circumstances, for any reason. In the event your password is lost or forgotten, its confidentiality is compromised, it is used by a third party, or You suspect or are aware that your password has been subject to fraudulent use, You must notify Perspecteev immediately by clicking the "Forgot your password?" link in the login area on the bankin.com website or the Bankin' application. You will then be sent an email containing a secure link that will allow You to change your password, and your previous password will be deactivated automatically.

You are responsible for protecting your password and keeping it confidential. You assume full liability for the consequences of the disclosure of your password to others.

3. How the Bankin' Service works

The Bankin' Service allows You to access and obtain an overview of all the accounts You hold with a range of banks and other institutions, and with other categories of third-party service providers, in accordance with the Payment Services Directive.

To log on to your User Account, You must enter your email address and password.

To register an account, You must select the name of the bank or institution that holds your account(s) and then register your login(s) and password(s) for the account(s) on the secure Services interface (the Authentication Data), in accordance with the Payment Services Directive.

Once You have provided this information and your accounts have been synchronized, the Bankin' Service will register the accounts and update the registered accounts automatically. This functionality is only available for banks and institutions recognized by Perspecteev. An updated list of these banks and institutions can be viewed via the menu in the application and on the website.

The Bankin' Service can be used to synchronize different accounts held with different banks or institutions on a daily basis, and to program alerts by email. Summarized data is broken down according to category and displayed in graphs, charts, etc.

You can find further information on the characteristics of the Bankin' Service here or via the application menu.

4. Bankin’ Plus+ and Bankin’ Pro Services

For payment of a monthly or annual subscription fee, in accordance with the terms and conditions set out below, You may subscribe to the Bankin’ Plus+ or the Bankin’ Pro Service, which offers additional functionalities. You can find out more about the services here or via the application menu.

5. List of eligible banks and institutions

Perspecteev may decide, as of right and with no entitlement to compensation, (i) to withdraw a bank or institution from the list of eligible banks and institutions, or (ii) to discontinue the automatic account synchronization and updating option for those banks and institutions. Perspecteev will use its best efforts to give You reasonable advance notice of any changes to the list that may concern You.

6. Support

If You have any technical, administrative or commercial queries or problems, You can contact the support desk by sending an email to: support@bankin.com. You may contact the support desk at any time. The support desk is open from Monday to Friday from 9am to 6pm (local time : Paris, France).

7. Maintenance, suspension and availability of the Services

Perspecteev reserves the right to suspend access to the Services at any time, without advance notice or payment of compensation, to repair a fault, carry out maintenance work, update the systems or for any other reason necessitating suspension of access.

When Services are suspended, Perspecteev will use its best efforts to give You reasonable advance notice that access will be suspended and to restore access to the Services as as soon as possible.

8. Suspension of a User Account

If You fail to fulfill any of your obligations under the GTCU, Perspecteev reserves the right to suspend your User Account without advance notice from the date on which it observes your breach. You will not be able to access the Services until you have cured the breach.

9. Personal data and privacy

Introduction

Transparency is a core value for Perspecteev, and it is committed to respecting the privacy of Users. It complies with the provisions of the French Data Protection Act (loi informatique et liberté) no. 78-17 of 6 January 1978, as amended.

Perspecteev is responsible for the processing of personal data provided by Users in connection with the Services (hereinafter the Personal Data) and has reported this processing of Personal Data to the French data protection authority, Commission Nationale de l’Informatique et des Libertés (CNIL). The Personal Data includes in particular the Authentication Data and the financial information deriving from the accounts registered by Users.

As Perspecteev wishes to constantly improve the quality of its Services and satisfy the changing expectations of Users, it represents that your Personal Data will be used by Perspecteev and its suppliers for provision of the Services only.

Personal Data is subject to computer processing for the purpose of providing the Services and also for generating anonymous statistics and for solicitation and marketing-related activities.

Lastly, as Perspecteev is committed to complying with the legislation on Personal Data, and as stipulated in Clause 15, it attaches the utmost importance to obtaining your consent before your Personal Data is used for direct marketing by Perspecteev's business partners. This is done by ticking a box, as prescribed by CNIL.

Processing of Personal Data

You are informed that use of the Services requires the receipt and processing of personal data necessary for the Services' functionalities.

Data is obtained and processed in accordance with the French Data Protection Act (loi informatique et libertés) no. 78-17 of 6 January 1978, as amended.

You expressly agree that, for the provision of the Services, the Authentication Data used for synchronization of the accounts may be encrypted and that the Personal Data may then be securely transmitted, as necessary, to Perspecteev's web hosts and technology suppliers based in the European Union, which will then synchronize the data.

You may access an appendix (here) which explains where the recipients of such Personal Data operate and how the data is used.

Confidentiality of Personal Data disclosed to Perspecteev

You authorize Perspecteev to access, in your name and on your behalf, each of your registered accounts for the purpose of carrying out all of the actions required in order to provide the Service, in accordance with the Payment Services Directive.

Perspecteev protects the confidentiality of the Personal Data it collects and attaches the utmost importance to ensuring that its web hosts and technology suppliers treat it as confidential. Perspecteev accordingly takes all necessary precautions to preserve the confidentiality of said data and represents that it works with trustworthy web hosts and technology suppliers that are known for their reliable services and for the high degree of protection they provide for the confidentiality of Personal Data.

Cookies

Perspecteev uses cookies. You can read its cookies policy here.

Statistical Processing

You recognize Perspecteev's right to use the Personal Data for statistical purposes and, once the data has been anonymized, to transfer or assign the corresponding statistical results to any third party.

Right to access, object to and correct Personal Data

You have the right to access, object to and correct data that concerns You. You can exercise this right by contacting Perspecteev's User Relations Department by post at the address indicated in the legal notice available here, or by email at: support@bankin.com, providing proof of your identity by attaching a copy of your valid identity document to your request and indicating your email address. For security reasons, Perspecteev reserves the right to request other supporting documents if it has any doubts about the value and authenticity of the proof You provide.

If You object to the processing of your Personal Data or request the closure of your User Account, Perspecteev will cease to process Personal Data, close your User Account and destroy all data pertaining to You.

10. Intellectual Property

Perspecteev is the exclusive owner of all the intellectual property rights in all the Services and all their constituent parts (including in particular the related trademarks, the Bankin' application, the bankin.com website, the related technology, etc.), in compliance with the French Intellectual Property Code (Code de la propriété intellectuelle). As such, Perspecteev is the exclusive owner of intellectual property rights in the software, interfaces, databases, know-how, data, text, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, and all other information that it provides to You.

The GTCU do not grant You any proprietary rights in the Services or any of its components, which are and shall remain Perspecteev's exclusive property.

The provision of the Services as provided for under the GTCU shall not be construed as a transfer of ownership to You.

Accordingly, You agree not to carry out, and to hold Perspecteev harmless against, any act or activity likely to directly or indirectly violate Perspecteev's intellectual property rights.

You are not authorized to reproduce, display, modify, translate and/or adapt any of the Services' constituent parts, in part or in full, or to reproduce or display such translations, adaptations and/or modifications, in part or in full, without Perspecteev's prior written authorization.

Any trademarks of products or services contained in or associated with the Services that do not belong to Perspecteev belong to their owners. References to the names, trademarks, products or services of third-party banking institutions do not constitute recommendations of their products or services.

11. Security

The security of User data is an absolute priority for Perspecteev. Accordingly, in order to ensure a high level of security for the Services, Perspecteev uses algorithms that comply with the highest standards of proven data security. The Services are also regularly audited by independent specialist IT security firms regularly used by banks and financial institutions. The Bankin' Services' security standards are among the highest on the market, enabling Perspecteev to provide Bankin' technology to leading international financial and IT service providers, which audit the security of the Services. This means that the Bankin' Services are provided to the User in strict compliance with the provisions of the Payment Services Directive, including in particular article 67-2-b. You can find out more about Perspecteev's security policy here.

Perspecteev accordingly undertakes to do everything it can to ensure the security of User Accounts. However, considering the complex nature of the Internet and mobile telephone environment, Perspecteev is not bound by any obligation to achieve a specific result in this regard.

User accounts constitute an automated data processing system. Unauthorized access and any alterations to said system are prohibited and subject to criminal prosecution. You acknowledge that data that circulates on the Internet or on mobile phone networks is not necessarily protected, particularly against potential misuse.

You accordingly represent that You are familiar with the nature and technical characteristics of Internet and mobile telephone networks, and You accept their technical constraints and the response times necessary to consult, retrieve or transfer data relating to the Services and the associated risks.

You are therefore solely responsible for the use and implementation of measures to secure, protect and safeguard your hardware, software and data. In this regard, You agree to take all appropriate measures to protect your own data.

You agree not to do anything that could compromise the security of Perspecteev's systems.

As a general matter, You are strongly advised (i) to ensure that the password You choose contains numbers, lowercase and capital letters and punctuation signs, in order to make the password sufficiently complex, and to renew it every three months, (ii) to back up your data regularly, and (iii) to update the software You use to directly or indirectly use the Services in a secure manner.

You are strongly advised not to use the Services on a mobile phone or computer that You do not own or which is subject to shared use with others.

You agree to notify Perspecteev immediately (at the following email address: support@bankin.com) of any defect You notice in your User Account and of any doubt You may have regarding possible unauthorised access to your User Account.

You must notify Perspecteev immediately (at the following email address: support@bankin.com) if the data disclosed to Perspecteev is lost, stolen or misused, or, more generally, if the data's confidentiality has been compromised in any way.

You must notify Perspecteev immediately (at the following email address: support@bankin.com) if your mobile phone is lost, stolen or misused.

12. Illegal Content

You agree not to use the Services other than for its intended purpose, including but not limited to by accessing data that You have no right to access, downloading data that is illegal or violates the rights of third parties, or using the Services for unlawful purposes.

Perspecteev will not under any circumstances be held liable for the harmful consequences of such misuse of the Services. Perspecteev further reserves the right to delete any content that is illegal or violates third-party rights as soon as it is brought to Perspecteev's attention.

13. Liability

User's Liability

You undertake to use the Service in compliance with all of the requirements set out in the GTCU and in the applicable legislation.

Should You fail to comply with one or more of the provisions and requirements of the GTCU, You agree to compensate Perspecteev in the event of a complaint, legal action, lawsuit or judgment against it which is initiated by any third party for any reason whatsoever as a result thereof.

In the event of a disagreement or dispute, You must prove that You have duly fulfilled your obligations under the GTCU.

You are informed and expressly accept that you are personally liable for your use of the Services, information and tools made available to you.

You expressly accept and acknowledge that You are responsible for the receipt or downloading of any content obtained through the Services application, and that You are fully liable for any damage or harm caused to your computer or mobile telephone system and for any resulting loss of data.

Perspecteev's liability

Perspecteev is responsible for provision of the Services, which constitutes an obligation to use its best efforts. Perspecteev's liability will be limited solely to direct losses incurred by You when using the Services, and shall be limited to the sums paid to Perspecteev by the User during the previous 12 months for the relevant Service or, failing this, €20, as a combined single limit for all operative events and all losses. You must prove any such loss, and any claim for compensation must be sent to Perspecteev within 12 months following the event at the origin of the loss.

You may not hold Perspecteev liable under any circumstances for any indirect losses incurred by You, including in particular loss of clients, lost profits, shortfalls in earnings, damage to your image, or any account information and data obtained from the websites of the banks and institutions holding the accounts registered by You, including the updating of that information.

Perspecteev will not accept liability in the event the Service fails to satisfy your specific needs and requirements.

As Perspecteev cannot guarantee that all of the banks and institutions that hold your accounts are covered by its offer, and it has no control over the data relating to your accounts held with said banks and institutions, Perspecteev or, as the case may be, its web hosts and technology providers, will not be liable for any loss or damage resulting from:

Moreover, Perspecteev or, as the case may be, its web hosts and technology providers, will not be liable for any loss or damage You may incur resulting from:

You may not hold Perspecteev liable for any breach of confidentiality of your Personal Data relating to accounts held in banks and institutions that is transferred to Perspecteev when this is due to your own actions, or any harmful consequences thereof, on any grounds whatsoever and irrespective of the type of loss or damage, in accordance with the applicable legislation.

14. Representations of the User

You represent and warrant that the information You provide, primarily in creating and accessing your User Account, reflects your personal situation and does not in any way misrepresent your identity. You agree to ensure that said information is and continues to remain correct and up to date. You agree to update said information whenever necessary.

You represent and warrant to Perspecteev that You hold the accounts registered with the Services and that You have all of the necessary powers and/or authorizations to authorize Perspecteev to provide the Services.

You represent and warrant to Perspecteev that You are and will remain solely and exclusively responsible for access to and use of the Services.

You represent that You are fully aware of the characteristics, constraints, limits and risks of using the Services and You accept them.

15. Business Referrals

The Services have been designed to better meet the needs of Users, and Perspecteev is firmly committed to offering the Services in a fully transparent manner and in compliance with the applicable legislation.

In view thereof, and in compliance with article (in french) L. 34-5 of the French Code of Postal and Electronic Communications (Code des postes et communications electroniques) and the provisions of the French Data Protection Act, You acknowledge and accept that Perspecteev may, from the time You start using the Services and based on the data it processes, offer You the option of receiving referrals by means of links that can be accessed via the Services or documents sent to You directly, in order to allow You to take advantage of service offerings from third-party providers.

In this regard, You may receive advertisements concerning offers for products or services, including in particular banking or financial products or services (within the meaning of article (in french) L. 341-1 of the French Monetary and Financial Code (Code monétaire et financier), which You expressly accept to the extent permitted by law.

Any such third-party providers will not under any circumstances have access to your personal data until You expressly authorize this.

You are also informed that You can opt out of allowing your personal data to be used for marketing at any time by sending an email to the following address: support@bankin.com.

16. Subscription to the Bankin’ Plus+ and Bankin’ Pro Services

You may subscribe to the Bankin’ Plus+ or Bankin’ Pro Services here for a fixed time period or an unlimited period, subject to tacit renewal.

Prices for these services are stated in Euro, inclusive of taxes. Perspecteev reserves the right to modify its prices at any time. The price invoiced will be the applicable price at the time of subscription.

You may subscribe to the Bankin’ Plus+ or Bankin’ Pro Services directly online via the corresponding interfaces, via the application or on the website, after you have accepted these GTCU and checked the service and the time period stated on your order, by confirming the order. You may then use the service immediately.

Your subscription to the Service will be confirmed by email sent to the address you have indicated, confirming that your subscription has been accepted.

Payment should be made in one single installment and whenever You renew your subscription, by bankcard, direct debit or bank transfer.

When You subscribe, You will receive an email summarizing your subscription to the service and the terms and conditions of subscription.

17. Right of withdrawal

As this contract is for the provision of digital content that is not provided on a physical medium, You accordingly expressly agree that the contract will be performed from the time of your subscription and acceptance of the GTCU, and You expressly waive your right of withdrawal.

18. Phishing

Identity theft and phishing practices are key concerns for Perspecteev. One of Perspecteev's priorities is to protect information in order to help You guard against identity theft. Perspecteev will never, under any circumstances, ask You for your social security number or any other official means of identification by phone, email, text message or any other means.

19. Term

This contract is entered into for an indefinite period of time starting when You accept the GTCU.

20. Termination

Termination by the User

You can terminate your subscription to the Premium Services via the purchase interface You used to subscribe to the services or directly via the application or website.

Termination of a Premium Service will not result in termination of the Bankin' Service contract.

Termination of a Premium Service will not entitle You to any refund.

You may also close your User Account at any time as of right, via the "My Account" menu on the website or the application, or by sending an email to: support@bankin.com. Perspecteev will then close your User Account.

Closure of your User Account will result in termination of the Premium Service You have subscribed and the destruction of all your data.

Termination by Perspecteev

In the event You breach your obligations under the GTCU or make any unauthorized use of the Services, Perspecteev reserves the right to terminate the contract between yourself and Perspecteev at any time.

In the event of termination, access to the Services will be withdrawn with immediate effect. Perspecteev will inform You by email or any other means, and all your data will be destroyed.

You will not be entitled to any refund whatsoever.

21. Assignment

The GTCU may be assigned by Perspecteev in full or in part, for a fee or free of charge, without your consent, provided that such assignment does not reduce your rights under these GTCU.

22. Governing Law and Jurisdiction

The GTCU and all matters relating to their performance or interpretation are governed by French law, irrespective of the place of performance of the resulting obligations.

If You have any questions or complaints concerning the GTCU, You may contact Perspecteev at the address of its registered office as stated in the legal notice available here or by sending an email to: support@bankin.com.

In the event a dispute arises between the User and Perspecteev in connection with the GTCU or the use of the Services, both parties shall do their utmost to find an amicable settlement. Any dispute that cannot be settled amicably will be subject to the exclusive jurisdiction of the Paris commercial court (Tribunal de commerce).

23. Legal Notice

The legal notice is available here.

24. Acceptance

You acknowledge that you have received all necessary information concerning the Services that are the subject matter hereof, unreservedly accept the GTCU and undertake to strictly comply herewith.