1.   Introduction

The terms of use of the tool of communication Instant Messaging Recording System (IMRS) (“the Channel”), a digital feature for clients available to connect remotely with their relationship manager via chat from their own “eco system” (WhatsApp) are hereby described. 

2.   Acknowledgment

You hereby authorize and irrevocably give consent to BNP Paribas (Suisse) SA (the “Bank”) to communicate and transmit information relating to you and your account(s) with the Bank, including but not limited to customer information and personal data, and agree (through the mechanism described under Article 3 below) to the terms of use herein.  

All communications  are monitored and recorded by this Channel and may also be monitored and recorded by the Bank for record-keeping, quality training, investigation and other legitimate purposes in a manner permitted by local law and processed in accordance your with the General Conditions of the Bank. Such records may be used as evidence in any legal proceedings in the event of a dispute; the General Conditions of the Bank further govern your contractual relationship with the Bank and are hereby incorporated.

Communications through this Channel do not include the transmission of attachments (any type of documents) between you and the Bank. Should you send an attachment to the Bank through this Channel despite this exclusion, the attached document will not be processed or read by the Bank; its content will accordingly have no consequence on your relationship with the Bank, its services or its agreed terms and conditions.

3.   Consent and withdrawal of your consent

By reading the Terms of Use, you confirm that you give your consent on the use of this Channel. If you decide to cease using any of this Channel at any time, please notify the Bank in writing.

4.   Liability     

4.1       In general

You agree that you shall only use the Channel for communication with the Bank relating to the operation and management of the account(s) with the Bank and for no other purpose.

Save for the purpose of your compliance with any applicable legal or regulatory obligations, you agree and undertake not to disclose any communication between you and the Bank via the Channel to any other third parties except with the Bank’s prior written consent.

The Bank shall not be responsible for any loss of security or breach of confidentiality of any communication under this Channel. Material herein may be copyrighted and the property of the Bank and unauthorized copying or distribution of this message or linked materials without the prior consent of the Bank is not permitted.

You accept that it is your sole responsibility to keep, and to ensure that your electronic devices for using this Channel are safe and secure, including without limitation, to keep confidential, safe and secure the security credentials you use to access the device and Channels, to take reasonably practicable measures to guard against any phishing or social engineering attacks and to ensure regular updates with security patches on your electronic devices and not to  forward unverified links etc. Communicating via this Channel using your electronic devices shall be restricted solely to you.

You undertake to immediately inform the Bank of any loss or theft or unauthorized use of your electronic device or any breach or suspected breach of security in relation to this Channel and take any appropriate measure to prevent unauthorized use of your electronic device. You shall bear full responsibility for all consequences arising from the use, loss or misuse of your electronic device and these Channels.  

The Bank cannot provide any assurance that electronic communications (sent or received) through the Channel are secure, confidential, error free, not corrupted, complete and/or that they will not be lost, destroyed, delayed, intercepted or otherwise affected by unauthorized persons or technical failures without the knowledge of the sender or intended recipient.   The Bank disclaims any liability for sensitive, confidential or personally identifiable information made available through this channel and for which you accept the risk. The Bank makes no representations or warranties whatsoever as to the security, access and usage of any communication transmitted to or by the Bank via this Channel.

The Bank reserves the right to cease or suspend the use of this Channel as a communication channel with you at its absolute discretion.  You agree that the Bank shall not be responsible or held liable for any interruptions, disruptions or malfunction of the Channel. If you experience any problem in using this Channel, please contact the Bank for technical support and/or please contact your relationship manager for assistance relating to your account(s).

4.2. External Service provider

The Channel is run and/or managed and/or operated through an external platform developed by an external service provide (the “Service Provider”) which does not belong to the BNP Paribas group.  The Client acknowledges and accepts that the Service Provider who may access to data available in the Channel for maintenance and other purposes, is subject to the regulatory regime, laws and jurisdiction of the country where it is incorporated and is not be bound by Swiss banking secrecy obligations. The Client will not be able to assert Swiss banking secrecy in respect of Information provided to the Service Provider. You expressly waive the rights granted by Swiss banking secrecy and the Swiss data protection Act and expressly acknowledge that the Bank will not be in breach any obligation in regard to you, your representative(s) and beneficial owner(s).  The Bank shall not be responsible or held liable for any collection, storage, usage, handling, sharing and/or transfer by the Service Provider and/or any other parties of any data communicated through the Channel, or for any act, omission and/or fraud on the part of the Service Provider and/or any other parties. The Bank shall not be responsible or held liable for any breach of confidentiality, loss or misuse of any data by the Service Provider

5.   Indemnity

You agree and undertake to fully and completely indemnify and at all times keep the Bank and each of its nominees, agents, brokers, custodians and officers indemnified and held harmless against any and all losses, claims, demands, actions, proceedings, reasonable expenses (including legal fees on a full indemnity basis) and all other liabilities of whatever nature or description (including goods and services, value added or other similar taxes payable thereon or in connection therewith) which the Bank, its nominees, agents, brokers, custodians and/or officers, may incur or suffer as a result of (whether directly or indirectly) or in connection with the use of this Channel or as otherwise contemplated above and for such purpose, the Bank may debit any of your account(s) of the with the Bank with any amount required to indemnify the Bank as aforesaid.

6.   Important notes for order taking

6.1. In general

Transmitting your order instructions via this Channel are subject to availability and acceptance by the Bank. In particular, it is required to check whether you are duly authorized to do as an authorized signatory of the account(s) or as otherwise authorized to do so on behalf of the account(s) under such other authorization document acceptable to the Bank.

The Bank shall not be deemed to have received your order instructions and may not process such instructions unless your relationship manager has specifically acknowledged and confirmed the same verbally at your registered phone numbers or in writing (e.g. registered email or written acknowledgement). In case you do not receive any confirmation by the Bank (an auto-reply shall not constitute such a response), you shall immediately confirm any such instruction through a different communication channel with the Bank (e.g. office phone) after sending your instructions via the Channel. The Bank reserves all rights not to place or execute any order instructions from you via this Channel and shall not be liable for any delay in processing or executing your order instructions.  You shall be fully liable and responsible for all order instructions placed.

You are fully aware and understand all the potential security risks such as phishing, malware, account theft and impersonation, as well as operational risks such as the risks that any order messages may not be delivered to the Bank in a timely manner and the Channel may be out of service due to system or network problems, before using the Channel to place orders.

For each product or investment, please refer to the relevant brochure / term sheet / other documentation provided to you separately for further details, in particular, on the terms, features, risk factors and other disclosures.

6.2. Other Restrictions

Order taking is prohibited if you are located in certain countries, including but not limited to the U.S, and any Sanctioned Country. For such purpose, you shall be deemed to be placing order(s) from your country of residence in our Bank records (which shall not be the U.S. or any Sanctioned Country) and you confirm the same. You also confirm that neither you nor, to the best of your knowledge, any of your subsidiaries, directors, officers, members, employees or agents thereof, (i) is the subject of any Sanctions or is owned or controlled by persons that are the subject of any Sanctions (a “Sanctioned Person”) or (ii) is located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions (a “Sanctioned Country”). You confirm that you do not and shall not engage, directly or indirectly, in any activity or transaction that involves Sanctioned Persons or Sanctioned Countries. You shall not send to or process through the Bank any transaction involving Sanctioned Persons or Sanctioned Countries.

“Sanctions” means any economic or trade sanctions, embargoes or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Asset Control Clause (OFAC), the U.S. Department of State, the United Nations Security Council, the European Union, the French government or any other government, governmental agency regulator or authority.