Legal Notice and Terms of Use of this Website

1. OBJECT AND GENERAL INFORMATION

Open Bank, S.A. (hereinafter,OPENBANK") with CIF A-28021079, registered in the Mercantile Registry of Madrid, Volume 5308, Folio 202, Sheet: M-87030, and in the Bank of Spain under registration number 0073 with registered office in Avda. Cantabria s/n, Boadilla del Monte 28660, Madrid, Spain, and with contact e-mail address ayuda@openbank.es. OPENBANK offers Internet users this website www.openbank.es (hereinafter, the "Portal" or the "Website"). This website has been created by OPENBANK to inform both customers and non-customers about its financial products and services.

In the public section of the website both customers and non-customers can obtain information and request for more information and contract products and services offered by OPENBANK.

In the private section of the website  customers may perform all of the transactions related to OPENBANK products and services, as well as those relating   to their personal data and communications, both informational and commercial, and the products they have contracted. Access to and the use of the Website is governed by these general terms and conditions of use, as well as by our Privacy Policy and Cookies Policy, which the user accepts and undertakes to observe on accessing and/or using the services thereof.

Access to this Portal is voluntary and without cost to the user and those who access it are attributed the condition of user, accepting these "Terms of Use" by their mere presence on the website www.openbank.es, without prejudice to the specific conditions that may be found therein and that take precedence over the terms and conditions herein. Therefore, it should be read carefully before carrying out any type of action.

2. DEFINITIONS

Website/Portal: Pages hosted under the domain www.openbank.es

User: This is any individual or legal entity that accesses or makes direct or indirect use of the website, who, being bound by their mere access and use to the present general conditions of the service. They will be private users, companies, corporations, individuals or legal entities or any other entity (hereinafter referred to as "Persons") residing in Spain or accessing from Spain, and OPENBANK therefore does not accept any liability for the access of Persons in jurisdictions where such distribution or use may be contrary to the legislation or regulations.

Registered User: This is all persons duly registered on the website of www.openbank.es

Customer User: the Registered User who proceeds to open/purchase an OPENBANK product and/or service on the Website. To contract a product or service it will be imperative for the user to accept the OPENBANK privacy policy, as well as the general terms and conditions of the specific contracting of the chosen product.

Product or service: any type of product and/or service offered through the Website that a duly registered User has the option of acquiring and/or using. The www.openbank.es Portal is free to access and free to visit for all Internet users.

3. REGISTER AT WWW.OPENBANK.ES

If, as a result of registration, the User is given a password to gain access, he or she undertakes to make diligent use thereof and to keep it in strict secrecy. The Registered User is solely responsible for the proper custody and strict confidentiality of any passwords, access data or other elements that are supplied by OPENBANK, and undertakes not to transfer their use to third parties, either temporarily or permanently.

The User will be responsible for any unlawful use of the services by illegitimate third parties   using a password delivered to the Registered User by OPENBANK. In addition, identification and authentication using a user name and password means the Registered User is the owner of such user name and password, and is solely responsible for the acts to performed with and through that access to the services of the Website.

It is the Registered User's inexcusable obligation to immediately notify the managers of OPENBANK in writing by e-mail to ayuda@openbank.es with respect to any fact that allows or may allow the abuse of codes and/or passwords, including (but not limited to) theft, loss and other similar circumstances. While such events are not reliably reported in writing to OPENBANK under the aforementioned terms, OPENBANK shall be absolved of any liability that may arise from the improper, fraudulent, false or dishonest use of such codes and passwords

4. USE OF THE SERVICE

OPENBANK makes available to the User, through the Portal, products for sale, specific services, offers, promotions, etc.

To enable the contracting of products and/or access to services directly offered on the Website, the User must previously accept the privacy policy and general particular terms of contracting corresponding to them.

5. RIGHT OF EXCLUSION

OPENBANK reserves the right to withdraw or deny access to the Website, without prior notice, to those Users who do not comply with the present general terms of use, or the specific conditions indicated where appropriate.

6. CONTRACTING PROCESS

Operation and process of product contracting and/or access to services from the Website:

The Users who access the Website and want to register as Customer Users for the first time ("New Customers") must fill out the customer registration form as well as reliably identify themselves using the different alternatives offered by OPENBANK, electronically sign the OPENBANK Contract for the Provision of Services to Individuals and, once the electronic signing process has been completed, attach the additional documentation required to register, which is: the relevant identity document (National ID, Foreigners' ID and Residence Cards are accepted), as well as a document supporting employment activity, where appropriate.

If the Users who access the Website are already Customers, they can access the private area of the Website by identifying themselves with their DNI/NIE (supporting document) and their password. There, they will be able to see their products and perform operations or contract new products from OPENBANK’s catalogue.

7. PRODUCTS AND/OR SERVICES

Contracting and operational management on the following products:

  1. Deposit products: Current Accounts, Savings Accounts, Payroll Accounts, and Fixed-term Deposits.
  2. Credit products: Mortgages, Loans, Overdraft Protection.
  3. Cards: debit, credit and prepaid cards.
  4. Investments: We sell products from third parties such as investment funds, pension plans, insurance, shares, ETFs (traded funds),warrants and futures.

Operations for the following services:

  1. Bank statements, third parties and supporting documents, including tax information.
  2. Balances and movements of any product.
  3. Personal details.
  4. Passwords.
  5. Trading service related to the broker.
  6. Customer alerts and notifications service.

8. WITH RESPECT TO THE USE OF THE OPENBANK WEBSITE WWW.OPENBANK.ES

In case of failure of accessibility, OPENBANK will carry out all actions to correct this, but does not guarantee the absence of errors or the absolute and continuous availability of the Website, which may be affected by maintenance and improvement work. OPENBANK expressly does not accept any liability due to errors or omissions in the information contained in the pages of this website.

OPENBANK, to the extent permitted in the current legislation, is not responsible for the damages that may be suffered by Users as a result of their access to or use of the Website, nor for the damages that may be caused to the User's computer equipment or the files or data stored therein as a result of a virus or any type of malware, nor for the improper use of the computing device of the user or accessing the Portal with inappropriate tools.

Users are fully responsible for their conduct on accessing the information on the Website while navigating the same, as well as afterwards.

The User agrees not to use any of the content that OPENBANK puts at their disposal, whether or not produced by OPENBANK or published under its name, to develop activities contrary to the law, morality or public order. Those who access the Website must observe the applicable legislation, ethical or behaviour codes that may be subscribed, and the general rules of use of the website. According to these, they shall refrain from conduct that, without limitation:

(a) contravene, denigrate or threaten fundamental rights and constitutionally recognised public freedom, in international treaties and the rest of the legal system;

(b) induce, incite or promote criminal, denigratory, defamatory, dishonourable, or violent actions or generally those against the law, morals and generally accepted good practices or public order;

(c) induce, incite or promote discriminatory actions, attitudes or ideas on the basis of gender, race, religion, belief, age or condition;

(d) incorporate criminal, violent, pornographic or degrading messages, or generally those against the law, morals and generally accepted good practices or public order;

(e) induce or may induce an unacceptable state of anxiety or fear;

(f) induce or incite to engage in practices that are dangerous, risky or harmful for health and psychological balance;

(g) are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they may mislead about their subject or about the intentions or purposes of the communicant;

(h) are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he or she intends to make;

(i) violate the business secrets of third parties.

(j) is contrary to the right to honour, personal and family privacy or the image of persons.

(k) infringes the rules on secrecy of communications.

(l) constitutes unlawful, misleading or unfair advertising and, in general, constitutes unfair competition.

(m) cause, because of its characteristics (such as format, extension, etc.) difficulties in the normal operation of the service or fails to meet the technical requirements or specifications established for access to the website, or that in any way may damage, disable or deteriorate the website or its services or prevent normal enjoyment by other Users. The User shall be liable for any damages that OPENBANK may suffer as a consequence of the breaching of any of the obligations herein.

OPENBANK reserves the right to update contents when it deems convenient, as well as   to delete them, limit them or prevent access to them, temporarily or permanently, as well as to refuse access to the website for users who misuse the contents and/or breach any of the terms and conditions listed in these Conditions of Use, without this giving any right to compensation or restitution for the user who is denied access.

9. LINKS

On this Website, the User may find links to other websites that are controlled by third parties. OPENBANK does not have the power to control the contents provided by other websites to which links are established from this Portal. Therefore, OPENBANK does not assume any responsibility for any aspect relating to these third party websites to which it may be linked, nor does it guarantee that such links are free of viruses or other elements that may cause damage to the User's computer systems or files.

Any use of a link or access to a non-proprietary website is at the user's sole choice and risk. OPENBANK does not recommend or guarantee any information obtained by or through a link, nor is it liable for any losses, claims or damage arising from the use or misuse of a link, or of the information obtained through it, including other links or websites, for any interruption in the service or access, or for the attempt to use or misuse a link, both when accessing the website and when accessing information from other websites from this website.

Nor does it assume any responsibility for the contents of the third party websites that may direct links to this Website or refer to it, that include opinions on the website www.openbank.es that may mislead the users of said websites about OPENBANK services.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY

The whole of this Website is covered by national, community and international legislation on copyright and intellectual property. The User acknowledges and accepts that all trademarks, trade names or distinctive signs, as well as all the intellectual  and industrial property rights on the contents and/or any other elements inserted in the website are the exclusive property of OPENBANK and/or third parties, who have the exclusive right to use them. In no case shall access to the Website imply any type of waiver, transfer, license or transfer all or part of such rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic representations. The reproduction of all or part of the content of this Website in any media is strictly prohibited without the express written authorization of OPENBANK.

11. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by Spanish law and any dispute that may arise concerning the application, compliance or interpretation of these conditions will be resolved, by the express acceptance of both sides, in the Courts and Tribunals of the city of Madrid.

12. MODIFICATIONS TO THESE GENERAL CONDITIONS

OPENBANK reserves the right to make the modifications it deems necessary in the Portal as well as update the information contained therein and the configuration, presentation and access conditions, without the need for prior notification.

Access to or use of the Website following updates to these Conditions of Use is understood as acceptance of the updated version thereof. Users who do not accept these Conditions of Use or their subsequent updates cannot access or use the Website.

Your web browser may generate a copy of this page in the cache so that when you access it again the pages displayed by your browser do not correspond to the most current ones but instead to those stored in the cache. In order to avoid these problems, we recommend that you update the Portal from the browser when accessing OPENBANK.

13. Data protection, Privacy policy and Cookies policy

These general terms of use apply to your use of the Website. By accessing and browsing through the Website, the User accepts that OPENBANK is responsible for the processing, collection, treatment and use of their personal data to which we have access as a result of their use of the Website, or that you, as User, provide us, in accordance with our Privacy Policy and for the purposes of managing the correct operation of the Website and offering you our products and services. Please read our Privacy Policy and Cookies Policy carefully in order to be better informed about the personal data that will be collected and processed, as well as the purposes of this processing and the rights corresponding to you as an interested party, and the way in which you may exercise them should that be necessary.

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