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This Policy (hereinafter, the “Privacy and Cookies Policy”) regulates the privacy and cookies policy of the Web Platform http://www.bankofafrica-europe.com/ (hereinafter, “the Platform”), under the ownership of BANK OF AFRICA EUROPE, S.A.U. (BOAE, hereinafter), a financial institution with its registered office in Madrid, c/ Serrano 59, with Tax Identification Code A-http://www.bankofafrica-europe.com/, and registered in the Commercial Registry of Madrid, in Volume 7064, Book 0, folio 185, Section 8, page 114811, and in the Registry of Banks in Madrid, under Volume 7064, Book 0, folio 185, Section 8, page 114811. I.F. A-80754781, and registered in the Mercantile Registry of Madrid, Volume 7064, Book 0, folio 185, Section 8, page 114811, and in the Registry of Banks and Bankers of the Bank of Spain under number 0219. Its contact e-mail address for the purposes of this privacy and cookies policy is as follows: protecciondatos@bankofafrica-europe.com.
1. USE, PURPOSE AND APPLICABLE LEGAL REGIME
The Platform is a mechanism for interaction, communication and support that BOAE makes available to Internet users in order to provide them with sufficient, legal and appropriate information regarding their activity, products and services in relation to their legitimate economic and business activities, which are governed by applicable Spanish regulations and, in regards to:
To the provision of information society services, on a basic basis, by Law 34/2002, of July 11, on information society services and electronic commerce.
In any case, the user undertakes to make appropriate and lawful use of the Platform as well as the content, products and services available from it, in accordance with the legislation applicable at all times.
Furthermore, the user of the Platform specifically agrees to the following:
Guarantee the authenticity, veracity, timeliness and accuracy of all data communicated to BOAE, with such user being the sole party responsible in the event
This privacy and cookies policy is addressed to users of the Platform with regard to the processing of their personal data.
In any case, it is noted that this Platform is aimed at users over 18 years of age and its use by minors is prohibited.
The information and personal data provided by users who intend to browse or register on the Platform must be:
Users will be fully responsible for the correct use of their user accounts and the passwords associated with them. If the registered user considers that the security of their account and associated passwords may have been compromised, they must immediately contact BOAE using the contact details provided at the beginning of this Policy and report the situation or incident so that BOAE can adopt the appropriate measures from the moment the user makes the communication.
All liability for damages and losses associated with improper use and personal management of accounts and associated passwords will fall on the users who own such accounts, completely exempting BOAE from any liability as a result of the above.
In compliance with current regulations on the protection of personal data, and in particular with the provisions of articles 12 to 14 of the GDPR, you are hereby informed of the following:
Likewise, you are informed that for the greatest guarantee and protection of the personal data processed by BOAE, you must contact the Data Protection Officer, whose contact address would be the following: Data Protection Officer, BANK OF AFRICA EUROPE SAU, C/Serrano 59, 28006 Madrid C/Serrano 59, 28006 Madrid or emaildataprotection@bankofafrica-europe.com.
If you do not agree with such processing purposes, we urge you to immediately leave our Platform. Otherwise, for example, by accepting this policy, or simply by continuing to browse the Platform, and having previously been informed of the information contained in this policy, it will be understood that the user unequivocally consents to the previously informed processing purposes. For these purposes, the provisions of section 4 of this policy must also be observed with regard to consent and the rights of users in this area.
Outside of these cases, the personal data of users will not be transferred to any other third party, unless the user has given their consent or, where applicable, any other basis for legitimizing the processing exists as provided for in article 6 of the GDPR, such as, for example, due compliance with a legal obligation on the part of BOAE (lawfulness of processing).
By accepting this policy, the user gives his/her unequivocal, free and informed consent to the processing of his/her personal data for the purposes described in section 3 of this privacy and cookies policy. In the specific case of cookies, the provisions of section 7 of this same policy must be followed.
The user will have the ability to choose the treatment and destination of his/her data, according to his/her specific interests and needs in each case, so that, when the treatment is based on the user's consent, he/she will have the right to withdraw it at any time, although such withdrawal will not affect in any way the legality of the previous treatment carried out by BOAE.
In any case, BOAE may prevent the use of the Platform and the services, content and functionalities associated with it if the user does not accept this policy, or does not consent to the processing of his or her personal information in accordance with the provisions set forth herein.
For users of the Platform who are BOAE clients and use the Electronic Banking Service, this Privacy and Cookies Policy will form an inseparable part of the Terms and Conditions of Use of the aforementioned Service.
For the rest of the users, the acceptance of this policy is independent of the possible acceptance of the particular legal terms and conditions that may govern the specific contracting by the users of the services and products available through the Platform.
BOAE has adopted and applies the security levels required by applicable legislation regarding personal data under its responsibility, based on the corresponding risk approach taken, and seeks to install and/or apply additional technical or organizational means and measures of protection in order to reinforce the general security of the processing of personal data, systems, communications environment and corporate organization, as well as to guarantee due protection against unauthorized or unlawful processing and against its loss, destruction or incidental damage (principle of integrity and confidentiality). However, the user must be aware that Internet security measures are by no means impregnable and respond to the state of the art at any given time and its cost of application.
For these purposes, it will take into account in a special way the application criteria and security measures, and other security obligations associated with the GDPR, with particular attention to the provisions of Article 32 of the GDPR.
BOAE undertakes to comply with the duty of secrecy and confidentiality regarding the information and personal data provided by users of the Platform, and which is under its control and responsibility, in accordance with the applicable legislation and the risk approach that applies at any given time.
As established in Recital 30 of the GDPR, natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, session identifiers in the form of “cookies” or other identifiers, such as radio frequency identification tags. This may leave traces that, in particular, when combined with unique identifiers and other data received by the servers, may be used to create profiles of natural persons and identify them. For this reason, BOAE has a cookie policy consistent with the applicable regulations.
7.1. Applicable regulations:
Article 22 of Law 34/2002, of July 11, on information society services and electronic commerce (LSSICE), regarding the rights of recipients in commercial communications by electronic means, service providers may only use data storage and recovery devices on recipients' terminal equipment when they have given their prior informed consent.
To this end, these recipients and end users must be provided with clear and complete information about their use, in particular, about the purposes of the data processing, in accordance with the provisions of the personal data protection regulations. Therefore, when technically possible and effective, the recipient's consent to accept the processing of the data may be facilitated by using the appropriate parameters of the browser or other applications.
The foregoing shall not prevent any possible storage or access of a technical nature for the sole purpose of carrying out the transmission of a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service expressly requested by the recipient.
7.2. User consent and cookies: general rule and exception.
In general, when the installation and/or use of cookies involves the processing of personal data, whether they are own or third-party cookies, session or persistent, BOAE, as the data controller, will provide the necessary information in this area and will obtain the user's prior informed consent to install and/or use them.
The only cookies exempt from this consent are those that allow, exclusively, communication between the user's computer and the network and, strictly, those used to provide a service requested by the user. For example, the so-called "technical cookies" would be exempt (e.g., those necessary for browsing the platform or application); "personalization or configuration cookies" (e.g., those that allow the page to recognize the user's language, etc.); and "security cookies" (e.g., to detect repeated erroneous attempts to connect to a site).
7.3. Are cookies served on the Platform? What are they?
At the moment, cookies are not used or served on the Platform, but they do refer to files or devices that are downloaded to the user's terminal equipment (personal computer, smartphone, tablet, mobile terminals and devices, etc.), regardless of their nature.
7.4. What cookies do we use on the Platform?
Cookies may be first-party or third-party. First-party cookies are those sent or served to the user's terminal equipment from the Platform (publisher) and are managed by the latter, while third-party cookies are those sent or served to the user's terminal equipment from other domains or equipment not managed by the Platform (publisher), but by another entity that processes the data obtained through the cookies.
Likewise, the aforementioned cookies may be session or persistent. The former are a type of cookie designed to collect and store data while the user accesses the Platform with the main purpose of storing information that is only of interest to retain for the provision of the service requested by the user on a single occasion. However, with the latter, the data remains stored on the user's terminal and can be accessed and processed for a period defined by the person responsible for the cookie.
Cookies may also be technical, allowing the user to navigate through the Platform and use the different options or services available through it, for example, controlling traffic and data communication, identifying the session, accessing restricted access areas, remembering the elements that make up a contractual request, using security elements during navigation, storing content for the dissemination of videos or sound or sharing content through social networks.
They may also be personalised, referring to those that allow the user to access the service with some predefined characteristics based on certain criteria associated with their own terminal, for example, the type of browser through which they access the service, the regional configuration from where they access the service, etc.
Likewise, they may have a statistical or informative purpose for the editor regarding the particular use that users make of its Platform and the content or services available through it.
At present, cookies are not served through the Platform, but if they are served, information will be provided in accordance with this policy through the corresponding informative summary table about them. In addition, despite not using cookies at the moment, if it does, BOAE adapting to the regulations published by the AEPD on July 20, 2020, if necessary, the following measures will be established:
7.5. Who uses cookies?
The information collected, if applicable, through the cookies served through the Platform may be used by both the owner of the Platform and a third party that provides a service to this owner.
7.6. Cookie management and configuration.
Based on the information provided in this policy, we provide you with information on how you can manage the cookies used on the Platform through the different options offered by the most common browsers.
You can manage the use of cookies, including blocking them, which will depend on the browser installed on your computer. You can obtain more information on how to manage them by clicking on the following links:
This policy is in force from May 25, 2018 and BOAE reserves the right to modify this policy to adapt it to future legislative, doctrinal or jurisprudential developments that may be applicable, or for technical, operational, commercial, corporate and business reasons, informing users in advance and reasonably of any changes that may occur when possible. In any case, it is recommended that each time this Platform is accessed, this policy is read in detail, since any modification will be published through it. Likewise, BOAE may inform users personally and in advance of any planned changes to this policy, before they come into force, provided that this is technically and reasonably possible, in particular when they are considered registered users or clients of BOAE.
Our commitment to the protection of our users' personal data has led us to appoint a Data Protection Officer (DPO) at BOAE, whom users may contact, if they so wish, regarding all matters relating to the processing of their personal data and to exercise their rights as provided for in the GDPR. You can contact our DPO using the following contact details:
Postal address: Data Protection Officer, BANK OF AFRICA EUROPE, SAU, C/Serrano 59, 28006 Madrid.
Contact email:protecciondatos@bankofafrica-europe.com .
Contact phone number: +34 915756800.
As a general rule, any controversy or conflict will be submitted to the parties as a matter of preference for their knowledge in order to obtain an amicable and mutually agreed solution using, for these purposes, as far as BOAE is concerned, the legal contact channel (or data protection delegate, if designated) described in section 9 of this policy. If this is not possible, taking into account the criteria contained in the GDPR for determining the competence of the leading or main authority in order to hear any conflict, controversy or claim regarding this privacy and cookies policy, at least through administrative channels, it is reported that such authority will be the Spanish Data Protection Agency (AEPD), and in any case, the provisions of article 56 of the GDPR must be observed. As regards the right to effective judicial protection against BOAE in these cases, the provisions of Article 79.2 of the GDPR shall also apply, and the appropriate action must be taken before the Spanish Courts and Tribunals, given that BOAE is a company based in Spain. In any case, the applicable regulations will be Spanish.
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