General Conditions for using the Employee Savings Services.

 

ARTICLE 1 - Purpose

 

These General Terms and Conditions serve to define the terms of use and operation of the services (the "Services") provided on:

• the "Esalia" website (hereinafter the "the Website"),
• the "Esalia" application (hereinafter "the App") and the "Esalia" mobile website (hereinafter "the Mobile Site").
• the interactive voice server (hereinafter the "IVS")

The Services are reserved for beneficiaries (hereinafter the "Savers") of an SAYE ("save as you earn") scheme, within the meaning of Book III of Section three of the French Labour Code, for which the custody account-keeping of SAYE fund units or shares, or even certain record-keeping tasks, is provided by SOCIETE GENERALE.

The Services allow users to perform a number of secure online transactions and/or consult the assets invested in the SAYE schemes by Savers.
The current functions are scalable and can vary according to the access used. These functions will be proposed as and when they come into effect, which depends on the technological field involved. In addition, these functions may vary depending on the options selected by the Company where the Saver is an employee. SOCIETE GENERALE therefore does not guarantee that the Saver can perform all the functions mentioned in these General Terms and Conditions.

The General Terms and Conditions governing the use of the Services must be accepted by each Saver on first connection to the Website, the App, the Mobile Site, or the IVS by clicking on the button "I accept the terms and conditions" or " accept" as appears at the end hereof. The Saver acknowledges having read and accepted these general terms and conditions.

 

ARTICLE 2 - Tools and information required to use the Services

 

In order to access the Services, the Saver must enter his account number and password (hereinafter referred to as the "Login Details"). Enhanced authentication is also implemented.

Access to the Website requires the use of a computer equipped with an operating system, access to an electronic communications network for the transmission of data, an ISP subscription and internet communication and browsing software which the Saver will have installed on his computer according to the procedures applicable to his hardware. The Saver is personally responsible for his access to the Internet and the proper functioning of his hardware or software.

The App can be downloaded on a mobile phone, tablet or other connected device belonging to the Saver and the Mobile Site can be consulted via the Internet on these devices. Access to the App and the Mobile Site thus requires the use of a device that is compatible with this type of application, or website, and an appropriate subscription, subscribed with a mobile operator, in particular one offering data access.

The Saver is personally responsible for the lease, purchase, installation and maintenance of the hardware and software licenses.

Access to the IVS requires the use of a landline or mobile phone.

The Saver shall be personally responsible for ensuring the compatibility of the hardware, software and subscriptions to be used when accessing the Services.

While SOCIETE GENERALE makes its best efforts to optimise this compatibility, it cannot guarantee the operation of the Services with all existing terminals.

SOCIETE GENERALE may in no way be held liable for the damaging consequences suffered as a result of the Saver's choice of hardware, software, subscriptions, fixed or wireless telecommunications networks and/or their use and/or their installation.

 

ARTICLE 3 - Terms and conditions for accessing the Services

 

The Saver will receive his account number and a temporary password by post in separate letters. If the Saver so wishes, he can also receive his password by post. The Saver must change the temporary password upon his first connection in order to use a password of his choice.

A Saver using a smartphone running the iOS operating system with an in-built fingerprint or facial recognition system, can also, if he so wishes, access the Services by authenticating his identity using said fingerprint of facial recognition. If applicable, the Saver shall ensure that he is the only person to have registered his fingerprint or faceprint on the terminal concerned. Societe Generale does not have access to the Saver's fingerprints or faceprints stored on his terminal, which remain under the sole control and responsibility of the latter. This specific authentication device only allows access to the Services.

The Login Details are strictly confidential and the Saver must take all necessary measures to maintain this confidentiality. He therefore agrees that the Login Details will remain confidential, will refrain from sharing the Login Details with a third party, in any way whatsoever (e.g. by email, telephone, in writing), even if the person requesting said details claims to be acting on behalf SOCIETE GENERALE.

Notwithstanding the foregoing, the Saver may disclose his account number and password to persons entered in the official register of a competent authority of a Member State of the European Union in order to access the information services on the accounts or to initiate a payment, as defined by the French Monetary and Financial Code, issued by these persons. The Customer shall be responsible for ensuring that the person to whom these details are communicated appear on said register.

SOCIETE GENERALE also recommends that the Saver regularly changes his password. To that end, the Saver may, at any time, change the password used to access the Website.

The Saver shall be responsible for ensuring that the storage and entry of his Login Details are performed securely and confidentially, in particular with regard to the hardware used to connect to the Services (up-to-date antivirus software, Firewall installed, etc.).

SOCIETE GENERALE will not be responsible for any consequence of a security defect resulting from the means implemented by the Saver to access the Services. In addition, SOCIETE GENERALE cannot be held liable in case of fraudulent or abusive use of the Services or the consequences arising from the voluntary or involuntary disclosure to a third-party of the Saver's Login Details.

Consequently, the Saver acknowledges that any transaction carried out as a result of an instruction transmitted to SOCIETE GENERALE's services using the Login Details will, in any case, be personally and definitively attributed to him. The Saver acknowledges that the entry of his Login Details shall be deemed as a signature and will thus be sufficient to identify him and serve as evidence of his consent to the transactions carried out.
The Saver will assume, vis-à-vis SOCIETE GENERALE, all the financial consequences that SOCIETE GENERALE could incur as a result of the fraudulent or abusive use or the voluntary or involuntary disclosure of the Login Details by the Saver.

If the Saver forgets or loses his password, he may request that a new password be allocated to him, by post or by using the identification pages on the Website, the App or the Mobile Site. New password requests can also be made via the telephone platform at the following number: 09 69 32 15 21.

The new password will then be sent to the Saver by post, SMS (if a mobile number has been provided in his personal details) or by email (if an email address has been provided in his personal details). This password is temporary and must be modified on first connection to a Service following its allocation.

Moreover, SOCIETE GENERALE reserves the right to terminate, without notice, the Saver's access to the Services after three failed login attempts or in the event that the Saver fails to comply with any of the obligations under these General Terms and Conditions. Following the deactivation of the Services due to three failed login attempts, the Saver will only be able to access the Services by requesting the allocation of a new password.

 

ARTICLE 4 - Functions

 

The Services allow you to perform the following operations:

On the Website:

• Consulting assets and most recent transactions,
• Consulting and modifying personal contact details (postal address, email, telephone, account details),
• Confirming choice of incentive and/or profit-sharing bonuses if your Company has used this option in the custody account-keeping agreement concluded with Societe Generale (hereinafter “the Agreement”),
• Registration and entry of the SEPA mandate,
• Subscriptions to e-service and/or other electronic information,
• One-time payments and scheduled payments by direct debit and by credit card,
• Making a change in the choice of investments (arbitrage) and transfers,
• Repayment of available assets or those maturing in less than three months,
• Pre-input of requests for early withdrawal of unavailable assets. It is hereby specified that only the printed version of the withdrawal request sent by post, duly completed and signed, accompanied by the appropriate supporting documents, as well as its date of receipt by SOCIETE GENERALE, are valid.
• Entry and transmission of requests for early withdrawal of unavailable assets. The complete file refers to the request for early repayment duly completed on the Website accompanied by the relevant supporting documents downloaded and certified by the Saver as true copies of the originals. The date of receipt of the complete file is the day after its transmission via the Site. However, for files sent on a non-working day (Saturday, Sunday or holidays), the date of receipt shall be deemed to be the first business day following the date of its transmission. This date of receipt shall prevail when determining the applicable net asset value as well as for ensuring compliance with any deadlines that may apply to early withdrawal requests. Provided that his Company has opted for such a service, in case of refusal of his request, the Saver shall be informed by a message posted in his personal area on the Website. In addition, the Saver shall be responsible for regularly consulting said personal area after an early withdrawal request. In the event where the Saver has failed to provide an e-mail address, he will be informed of the refusal of his request by post.

In the event of requests for early withdrawal for a single triggering event, received by post and via the Website on the same day (except where the requests concern different funds and where one and/or the other is a conditional withdrawal request), only the request transmitted via the Website will be processed.

On the App and the Mobile Site:

• Consulting assets and most recent transactions
• Viewing messages and alerts
• Consulting and modifying personal contact details (with an option to upload details)
• consulting general information on investment vehicles (net asset value, performance, management company)
• Consulting early withdrawals
• Consulting available balances (with or without a conditional threshold)
• Repayment of available assets (with or without a conditional threshold)
• Payment by debits or credit card (one-time or scheduled payments)
• Confirmation of choice related to the incentive and/or profit-sharing bonuses if your Company has opted for this option in the Agreement

On the IVR:

• Consulting assets
• Consulting general information with a view to:
     o repayment
     o reviewing the supporting documents required to provide a change of name, address or bank details

It is hereby stipulated that the transactions referred to above are carried out in accordance with the terms and conditions set out in the custody account agreement concluded between the Saver's Company and SOCIETE GENERALE and which may be enforced on all Savers of this Company and under the SAYE regulations where applicable.

 

ARTICLE 5 - Proof and posting of instructions placed via the Services

 

Instructions placed via the Services will be posted by SOCIETE GENERALE. A successful login by the Saver in accordance with Article 3 above and account postings made by SOCIETE GENERALE upon receipt of the instructions or their reproduction on a computer or printed medium constitute for SOCIETE GENERALE and the Saver proof of said instructions and the justification of their debit/credit to the account of the latter.

No claim concerning these instructions may be received after the expiry of a period of ten days following the provision of the advice slip, except in the case where the Customer provides evidence of an error, omission or fraud.

A Saver may wish to cancel an instruction after its submission via one of the Services, however such cancellations must remain exceptional in nature and may only be binding on SOCIETE GENERALE in the context of an obligation of means.

Consequently, execution of a cancellation request will never be guaranteed and may never be taken into account when it is transmitted after 23:59 on the day preceding the day on which the net asset value for the instruction pending execution is calculated.

The Saver shall be solely responsible for taking all necessary precautions to avoid any possible duplication of instructions.

Finally the Saver recognises that the taking into account of any instruction whatsoever, shall not be deemed as execution of the instruction, which will become effective only after verification and execution by SOCIETE GENERALE.

 

ARTICLE 6 - Subscriptions to e-services and other information delivered by email and/or SMS

 

6.1: E-services (electronic statements and, where applicable, electronic option forms)

 

SOCIETE GENERALE offers Savers a free service providing e-statements and e-advice slips (hereinafter the "Statements") on the Website.

This service can be accessed via the Website, from the "My details" section then "My subscriptions" and "Subscriptions to e-services". There the Saver can consult his statements in PDF format on the Website for a period of 10 years from the date on which they are made available (hereinafter, the "Period"), and replace the printed Statements that he had previously received by post.

The Saver has the option of downloading and/or printing the statements available. He acknowledges that these PDF Statements have the same legal value as those previously sent by post.

The Saver is informed of the availability of a Statement by means of a notification sent to the personal email address provided in the contact details on the Site or entered when selecting the e-service. The date on which the Statements are posted triggers the claim period for transactions appearing on the Statements.

Subscription to this option or unsubscribing therefrom is effective at the end of a maximum period of two business days following receipt by SOCIETE GENERALE of the request made by the Saver. In case of unsubscribing, the e-statements previously made available will remain available on the Site until the end of the Period.

By default, Statements are sent in electronic format to Savers belonging to a Company that has accepted the electronic format proposed by SOCIETE GENERALE in the Agreement. The Saver may, however, obtain printed statements by unsubscribing from the e-services, on the Website by accessing the "My data/My subscriptions/Unsubscribe from e-services" section.

In addition, if the Company has also opted for the service in the Agreement, Savers will receive, in electronic format and under the same terms as the Electronic Statements, the advice slips related to their incentive and/or profit-sharing bonuses. Thus the Saver is informed of the availability of an advice slip by a notification sent to the personal email address provided by the Company and registered on the Website or the App. The date on which the Option Forms are made available on line triggers the period for making his choice.

The Saver is hereby informed that:
- he cannot personally choose for option forms to be sent in electronic format,
- unsubscribing from e-statements will also terminate the receipt of electronic option forms, which will then be sent by post.

 

6.2: Other information sent by email and/or SMS

 

In addition, the Saver is informed that he will be able to receive, by email and/or by SMS, as soon as he has provided his e-mail address and/or his French mobile number on the Website or on the App in the "My data/Personal details" section, a notification of availability of information (hereinafter the "Information") on the Website and on the App related to:
- the monitoring of transactions carried out via the Website or via the App (confirmation or refusal of repayments, registration of bank details, etc.);
- transactions initiated by the Company (incentives, profit-sharing, etc.)
- regulatory (other than Statements) linked to his SAYE (letters to management companies, etc.)

To do this, the Saver will have to make the choice as to how he would like to receive this notification. If no electronic transmission means exist for this notification, the information will be sent to him by post.

By default, the Information is sent in electronic format to Savers belonging to a Company that has requested the electronic format provided by SOCIETE GENERALE. The Saver may, however, have the information sent in printed form by unsubscribing on the Website or the App from the "My Data/My Subscription/Subscription to Transaction Notifications" section by ticking the "none" box.

This subscription is separate from the subscription to e-services.

 

ARTICLE 7 - Liability

 

In addition to its usual duty of care in processing instructions, SOCIETE GENERALE assumes an obligation of means with regard to the receipt and issuance of information.
SOCIETE GENERALE assumes no responsibility for the transmission of information once it is supported by an ISP or a telephone operator, to the extent that the transmission or delivery depends on the management of the mail server provided by the Saver's ISP or his telephone operator. SOCIETE GENERALE is therefore not party to any dispute that may arise between the Saver and its Internet Service Provider or its mobile operator.

SOCIETE GENERALE is not responsible for the storage and use of the Login Details and, as the case may be, the consequences arising from their disclosure. The Services can only be accessed via a mobile phone, tablet or computer, protected by a PIN code assigned by the mobile operator or personally created by the Saver. It is therefore in the interest of the Saver to keep these details secret and not to disclose them to anyone.

The Saver is solely responsible for the retention and use of these codes, and, as the case may be, the consequences of their disclosure. The Saver is solely responsible for the devices used to access the Services. Regarding the consultation and dissemination of information provided by the Services, SOCIETE GENERALE cannot be held responsible for the loss, theft or loan of the Saver's devices. The foregoing provisions also apply in the event where a third party could, by any technical means, intercept and decode the radio signals exchanged between the ISP and the Saver.

SOCIETE GENERALE's liability shall be limited to direct damages and can be sought only if it is established that it has committed gross negligence. It will not be held liable when the failure to perform its obligations results from an event of force majeure. In particular, the Saver acknowledges that an event of force majeure includes an interruption of the Service related to the transmission of information or the Saver's computer system.

Similarly, SOCIETE GENERALE is not responsible for the consequences of a security defect (hardware or software) affecting the connection terminal (computer, phone, tablet, etc.) used by the Saver. The Saver is responsible for all consequences that would arise from an error on his part affecting the transmission or manipulation of information.

The Saver shall not, under any circumstances, be able to seek legal recourse against SOCIETE GENERALE for any information communicated via the Services, or the use that will be made of it. SOCIETE GENERALE can only be held liable in the case of information that is knowingly false or misleading to others. No individual advice is issued by the Services as to the merits of the transactions contemplated by the Saver or any other form of advice that may be a determining factor in his choice. The choice of transactions will be at the discretion of the Saver. Prior to any transaction processed on the Services, the Saver must collect any information that could aide his decision-making.

 

ARTICLE 8 - Interruption of Services - Malfunction

 

The Services may occasionally be down for technical reasons, in order to carry out corrective and/or preventive maintenance operations. In this case, the information will be displayed on the Website and the App 72:00 hours before the date of interruption.

In case of interruption or malfunction of any or all Services for any reason whatsoever, the Saver may always contact SOCIETE GENERALE, including by mail, to perform a transaction. SOCIETE GENERALE is therefore not responsible for the consequences of an interruption in the Service.

 

ARTICLE 9 - Pricing

 

Access to the Website, the Mobile Site and the App is free, while the costs incurred to access the Internet are borne by the Saver.

However, SOCIETE GENERALE reserves the right to subsequently charge for downloading or accessing these Services. In this case, the applicable tariff will be notified to the Saver by telematic means or simple letter one month before its effective date. Unless the Saver expressly states otherwise within this period, this new condition of use will be applicable to him, it being hereby recalled that the Saver has the option to suspend his use of this Service at any time.

Access to the IVS is offered on a fee-for-service basis (0 969.321.521 standard rate number from a fixed line, charged according to the operator's rates and the rates for the country where the Saver is located). The Saver will bear the cost of telephone calls, which will be billed directly by his telephone network operator according to its rate plans.

Transactions carried out when using the the Services will be invoiced in accordance with the tariff sheet available in the document area on the Website or in accordance with the custody account agreement concluded between SOCIETE GENERALE and the Company where the Saver is an employee.

 

ARTICLE 10 - Information provided by the Services

 

The information provided by the Services is given subject to transactions not yet recorded and with the exception of any errors or omissions. The accounting entries to which the Saver has access may be provisional. Only statements of accounts drawn up by SOCIETE GENERALE from its own records, in printed format or made available on the Website or via the App, are valid. Moreover, the amounts communicated may be not be net of social security contributions.

The Saver shall be personally responsible for ensuring that his personal information as recorded and appearing on the Services, including banking and postal details, is up-to-date. The Saver may modify his personal details at any time on the "My personal information" area on the Website or the App, or according to the procedures set out on said Website or App. Consequently SOCIETE GENERALE cannot be held liable for the damaging consequences related to outdated information.

The Services do not provide any advice as to the appropriateness of the investments or divestments contemplated by the Saver or any other form of advice that may impact his decision-making. The choice of investments and the transactions resulting therefrom will be made at the discretion of the Saver, in accordance with the regulations governing SAYE schemes and the specific provisions of the plans or agreements in place within his company and to which he is subject.

In addition, financial or tax information and product information are only indicative. Screenshots cannot in any case be used as documentary proof for tax purposes.

More specifically, information relating to these products, and in particular financial instruments, shall not constitute for SOCIETE GENERALE either an offer to purchase, sell or subscribe to financial products or services (in particular banking or insurance products), or a solicitation of an offer to buy or sell.

Where past performance simulations are presented, the related data relate to past periods and are not a reliable indicator of future results. The same applies to the evolution of historical market data. When simulations of future performance are presented, the data relating to said performances are only predictions and do not constitute a reliable indicator with regard to the product's future results. In addition, when past performance or simulated past performance are based on data expressed in a currency other than that of the State of the Saver, the potential gains can increase or decrease based on exchange rate fluctuations. Finally, when past performances or simulations of performances (past or future) are presented, any gains may also be reduced by the effect of commissions, fees or other charges borne by the Saver.

Without prejudice to any legal or statutory obligations for which SOCIETE GENERALE is responsible, Savers must make, prior to any investment in the product or implementation of any transaction pertaining thereto, their own analysis of the product and its risks, in particular from a legal, tax and accounting point of view, without basing their decision exclusively on information that has been provided to them; Savers must, if they so deem necessary, consult their own advisers on the matter or any other professional.
Subject to compliance with the legal or statutory obligations under its responsibility, SOCIETE GENERALE may not be held liable for consequences of a financial or any other nature whatsoever that might result from any transaction relating to the product or from any investment in the product.

SOCIETE GENERALE and its contributors disclaim all liability in respect of the accuracy, completeness or relevance of information drawn from external sources, even if said information comes from sources deemed to be reliable.

 

ARTICLE 11 - Professional Secrecy and Confidentiality

 

11.1: Professional secrecy

 

Pursuant to the provisions of the French Monetary and Financial Code, Societe Generale is subject to professional secrecy. However, said secrecy may be waived, in accordance with the law, in particular at the request of the supervisory authorities, the judicial authorities or the tax or customs authorities.

In addition, Societe Generale may communicate the information subject to professional secrecy to its subcontractors and agents, it being hereby stipulated that these persons are subject to a duty of secrecy or confidentiality.

It is hereby stipulated that the Company, in its capacity as custodian account holder as this term is defined in Article R3332-14 of the French Labour Code, is aware, in particular, of the transactions carried out and the amount of the assets of the Beneficiaries, including previous employees and that it can validly request the communication of such information from Societe Generale.

 

11.2: Confidentiality

 

All documents, files and information, in particular of an economic, technical, commercial, financial, accounting, legal and administrative nature exchanged between the Parties in the context of the Agreement are deemed to be confidential and shall be used solely for the requirements of the Agreement. The Parties undertake not to disclose such Confidential Information to third parties or to use it for any other purpose, except with the express prior written consent of the other Party concerned by such Information.

This duty of confidentiality does not apply:
- vis-à-vis the supervisory authorities, the judicial authorities or the tax or customs authorities, when a request for disclosure is made by them;
- to the Confidential Information which, at the time of its use or disclosure by one or other of the Parties, was already in the public domain.

 

ARTICLE 12 - Data Protection

 

Societe Generale is responsible for the automated and manual processing of the Saver's personal data.

 

12.1: Societe Generale performs such processing for the purposes of

 

Managing the account(s) and/or products and services purchased. Savers' personal data may be kept for a period of five (5) years from the closing of the account.

Carrying out of opinion polls and satisfaction surveys and statistical studies. Savers' personal data may be kept for a maximum period of three (3) years from the date of the last of these.

To combat fraud. Savers' personal data may be kept for a maximum period of five (5) years from the closing of the fraud file.

If the Company has entrusted this service to Societe Generale, to organize, electronically if necessary, the election of the unitholder representatives of the supervisory board of a mutual fund (“FCPE”) and/or candidates for the position of director representing employee shareholders. The personal data of the Savers may be kept for the first election for a period of five (5) years from the end of this election and for the second election for a period of three (3) years after the general meeting of shareholders at which this director will be appointed.

Compliance with legal and regulatory obligations, particularly with regard to operational risk management (including computer network security and transactions), anti-money laundering and combating the financing of terrorism, financial market obligations, and the determination of the tax status. Savers' personal data may be kept for a period of five (5).

Identification of inactive accounts (company savings plan/intercompany savings plan/group savings plan) and accounts of deceased persons. The Savers' personal data may be kept for a maximum period of thirty (30) years depending on the cases provided for by applicable regulations.

Debt collection. Savers' personal data may be kept for a period of twelve (12) months from the writing off of the debt.

Societe Generale may record conversations and communications with Savers, irrespective of the support used (e-mails, fax, telephone conversations, etc.), for the purpose of improving telephone customer service, compliance with legal and regulatory requirements relating to financial markets and to ensure the security of transactions.
Depending on the cases covered by the regulations, the Savers' personal data may be kept for a period of five (5) years and when requested by the competent authority, for a period of up to seven (7) years from their registration.

Subject to the individual consent of the Saver, commercial marketing, the development of sales events and advertising campaigns. With regard to any commercial marketing operations and advertising campaigns intended for the Savers, such personal data belonging to the Savers may be kept for a period of three (3) years from the end of this commercial relationship.

The aforementioned processing is necessary for the performance of the custody account agreement signed by the Company where the Saver is an employee, compliance with the legal and regulatory obligations incumbent on Societe Generale, the pursuit of the legitimate interests of Societe Generale, all subject to respect for your fundamental rights and freedoms (for example the fight against fraud, commercial marketing).

Savers' personal data may be kept for the period necessary to achieve the purpose for which the data was collected, as indicated above. The data will then be deleted. As an exception, this data may be archived to manage ongoing claims and disputes as well as to fulfil our legal and/or regulatory obligations and/or to answer the requests of the authorities competent to make such requests.
Personal data appearing on accounting documents may be retained for a period of ten (10) years in accordance with the provisions of Article 123-22 of the French Commercial Code.

 

12.2: Communication to third parties

 

Any Saver who is a natural person authorises Societe Generale to communicate the information collected within the framework of this Agreement, to the legal entities making up the Societe Generale Group as well as, where necessary, its partners, brokers and insurers, subcontractors and service providers, to the extent necessary for the fulfilment of the purposes described in point 1.

Société Générale may provide the FCPE holders’ personal data to the provider designated by the Company, or to the entity in charge of the election of the FCPE’s supervisory board, and/or the Employee Shareholder Representative to the Board of Directors candidates.

The purpose of the personal data transmission to a third party, is exclusively the organization of the elections abovementioned, under the full responsibility of the Company, or the entity, legally in charge of the elections.

 

12.3: Transfers of personal data outside of the European Union

 

Moreover, given the international scope of the Societe Generale Group and the measures taken to secure the use of IT tools as well as the security of computer networks and transactions and the use of international payment networks in the context of a pooling of resources or computer maintenance operations, the processing operations referred to in point 1 above may involve transfers of personal data to countries that are not members of the European Economic Area and whose legislation on data protection differs from that of the European Union. In this case, the transferred personal data is protected by a specific and rigorous framework consistent with the models adopted by the European Commission along with appropriate security measures.

The transfers of personal data that may be required are performed under conditions and guarantees intended to ensure the confidentiality and security of this data. For this purpose, Societe Generale implements all appropriate technical and organisational measures to ensure the security of your data, which may also be communicated to the competent official bodies and administrative and judicial authorities of the country in question, particular in the context of anti-money laundering, counter-terrorism financing and anti-fraud activities and in order to determine tax status.

 

12.4: Savers' Rights

 

Savers have a right of access, rectification, erasure, restriction of processing as well as portability of their data. Savers may also object at any time and on personal grounds to the processing of this personal data. It is noted that the exercise of some of these rights may on a case by case basis make it impossible for Societe Generale to provide the product or service.
Savers may, at any time and free of charge, with no need to justify their request, object to the use of their data for marketing purposes.

Savers may exercise their rights with Societe Generale by e-mail to the following address: SGSS-PersonalData@socgen.com or may contact the data protection officer, using the following e-mail address: Sg-Protection.Donnees@socgen.com

Savers are entitled to lodge a complaint with the French Data Protection Authority (CNIL), the authority in charge of compliance with personal data requirements.

 

ARTICLE 13 - Changes to the General Terms and Conditions

 

The Services may be supplemented or modified at any time, in particular as a result of technological developments or for compliance with the regulations in force.
Consequently, the provisions of these General Terms and Conditions may be modified or updated at any time by SOCIETE GENERALE. The current version of the General Terms and Conditions of Use of the Services may be consulted online at any time. The Saver can access them in the "general terms and conditions of use" section of the App or the Mobile Site, accessible from the login page and the "Summary" page.

The Saver will be notified of any changes to the General Terms and Conditions by email or by telematic information message on the Website, the App and the Mobile Site, one (1) month prior to their entry into force.

The Saver shall then be entitled, in case of disagreement, to inform SOCIETE GENERALE of non-acceptance of these new terms and to discontinue use of the Services.
Otherwise, if he continues to use the Services after the expiry of the one (1) month period, the Saver will be deemed to have accepted these changes.

 

ARTICLE 14 - Anti-money laundering and combating financing of terrorism

 

SOCIETE GENERALE, in its capacity as account custodian of SAYE shares, is bound by the obligations related to the anti-money laundering and combating the financing of terrorism pursuant to the provisions of Articles L. 561-2 et seq. of the French Monetary and Financial Code.

As such, SOCIETE GENERALE is required to collect the Saver's surname and first names, as well as his date and place of birth.

In accordance with the aforementioned provisions, SOCIETE GENERALE may take steps to verify the identity of the Saver.

The Saver confirms, with regard to the legal obligations imposed on SOCIETE GENERALE in the fight against money laundering as defined in Article 324-1 of the French Criminal Code, that none of the sums paid by him into the SAYE scheme are the direct or indirect proceeds of a crime or offence.

The checks that SOCIETE GENERALE is required to carry out pursuant to the regulations governing anti-money laundering and combating the financing of terrorism, in particular with regard to cross-border capital flows, may lead SOCIETE GENERALE to refuse or suspend any transaction or close the scheme to which the Saver belongs.

 

ARTICLE 15 - Duration

 

These General Terms and Conditions of Use of the Services are concluded for an indefinite period. The Saver, retaining the right to perform his transactions by post, may discontinue his use of the Services at any time and without prior notice. The request for cancellation must be made by letter addressed to SOCIETE GENERALE. Access to the Services will be closed by SOCIETE GENERALE within the required technical timeframe.

SOCIETE GENERALE may suspend provision of the Services at any time, subject to one month's notice to the Saver made by simple letter and without being required to justify this decision.

SOCIETE GENERALE may immediately and without notice suspend access to the Services in the event, in particular, of non-compliance with these General Terms and Conditions of Use.

 

ARTICLE 16 - Applicable Law/Disputes

 

These General Terms and Conditions are subject to French law.
In case of dispute, if SOCIETE GENERALE and the Saver fail to reach an amicable agreement, the dispute will be subject to the jurisdiction of the French courts.

To report a problem
Societe Generale is determined to always provide you with the highest possible quality of service.
However, you may still encounter difficulties in the operation or use of the services provided to you.

In this case, you can send us your complaint by following the procedure described below.
A complaint is defined as any expression of dissatisfaction by a client to a professional.

Note that requests for services, information, clarifications or opinions are not classified as complaints.
Your customer service team can be contacted in: three ways

> by letter to the following address:
SOCIETE GENERALE - EPARGNE SALARIALE
Service Réclamations
TSA 90035
93736 BOBIGNY CEDEX 9
FRANCE

> by phone at the following number: +33 (0) 9 69 32 15 21 (standard rate call, from 8am to 6pm, from Monday to Friday)

> via Esalia.com, login using your account number and password - click on "Contact Us" (top right of the home screen) then click on "Access Form" button, select the "Claims" tab.

We undertake to acknowledge receipt of your request within 5 business days and to give you a response as soon as possible (within two months maximum).
If special circumstances arise that prevent us from responding within this time, you will be informed of how the processing of your complaint is progressing. If you are using this channel and your request needed an in-depth analyse, you may be ask to relay your complaint by letter.

Your dispute is unresolved...

Service Réclamations auprès de Teneur de Compte Société Générale
SGSS/CAO/ESA
32 Rue du Champ de Tir
44300 NANTES
FRANCE

As a last resort...

Note that if a dispute is not resolved by the response given by our teams, you can refer the matter to Societe Generale, or the Autorité des Marchés Financiers' (French Financial Market Authority) Mediator, by sending a letter to one of the following addresses:
Le Médiateur auprès de Société Générale
17 Cours Valmy
92987 Paris La Défense Cedex 7

Or

Ms Marielle Cohen-Branche
Médiateur de l'AMF

By electronic form downloadable on the AMF website: www.amf-france.org > Le médiateur
By post:
Autorité des Marchés Financiers
17 place de la Bourse
75082 PARIS CEDEX 02

Your choice is irrevocable for this dispute.