General Conditions of Use of the Website, Mobile Application and Telephone Service

 

Article I. Purpose

 

These general conditions of use define the rules of operation and use of the Services provided by AXA Epargne Entreprise, that is to say:

  • a secure website whose URL address is https://www.capeasi.com,
  • an “AXA Epargne Salariale” mobile application
  • a telephone service

reserved to employees eligible for the employee savings scheme(s) put in place by their company and holding an account with AXA Epargne Entreprise (hereinafter referred to as the “Employees”),

  • a secure website whose URL address is https://www.capeasimanager.com reserved to companies having entered into an account opening, custody account holding and employee savings scheme account register holding agreement with AXA Epargne Entreprise (hereinafter referred to as “Client Company”); at the time of signature of the agreement, the Client Company appoints a correspondent, who is a natural person, responsible for representing it in its relations with AXA Epargne Entreprise (hereinafter referred to as “Company Correspondent”),

The Company Correspondent and the Employees are hereinafter jointly referred to as “User”.

These Services enable the User to obtain information of a general nature concerning employee savings and consultation of the employee savings accounts for which AXA Epargne Entreprise performs the function of custody account holding in the field of employee savings.

 

Article II. Conditions of Access to the Services

Users acknowledge that they possess the necessary competence and means (equipment and Internet/telephone subscription) in order to access and use the Services, it being specified that the costs pertaining to these means remain exclusively at the User’s own expense.

 

Section 2.01 Access Equipment

 

a.         Medium

The User shall necessarily have the following in order to access:

  • The website: a computer including a Web browser as well as Internet access,
  • The mobile application: a smartphone-type mobile telephone or a tablet computer, with an Internet connection,
  • The Telephone Service: a land line or mobile telephone, subject to it being a touch-tone (DTMF) telephone.

The User is responsible for the rental or purchase and maintenance of this equipment and for the software use rights, and has, under their own responsibility, checked the compatibility of the aforementioned equipment and software with the Services offered by AXA Epargne Entreprise.

The obsolescence of a software package version or operating system may lead to the ending of the compatibility guarantee.

AXA Epargne Entreprise cannot in any case be held liable for prejudicial consequences resulting from choice of technical equipment, programmes and subscriptions and/or use and/or installation thereof.

b.        Downloading the Mobile Application

The mobile application is solely delivered by downloading from a downloading platform or any other space authorised by AXA Epargne Entreprise.

In order to use the full range of the mobile application, the User shall be connected to Internet. The User shall accept updates of the application, failing which the application will be partially or wholly unavailable. The obsolescence of a mobile operating system may lead to the ending of the compatibility guarantee.

The mobile application is subject to the User’s Internet access provider and telephone operator’s conditions (cover, overloading and availability) and to any limits and restrictions of availability, cover and overloading thereof according to the User’s geolocation at the time of use of the application.

AXA Epargne Entreprise cannot in any case be held liable for poor operation of the application and consequences thereof resulting from these conditions.

 

Section 2.02 Identification

 

Access to the Services presupposes (i) that the User has been identified by means of a double electronic key: an Internet account number and password and (ii) that their terminal has been authenticated. The Internet account number is permanent.

Allocation of Internet Account Number and Password

The account number and password (hereinafter the “Access Data”) are sent to the User separately by post. This Data is common to the Services.

If the Client Company has opted for a direct relation between its Employees and AXA Epargne Entreprise, the Access Data is sent directly by AXA Epargne Entreprise to each User.

If the Client Company has opted for an indirect relation between its Employees and AXA Epargne Entreprise, AXA Epargne Entreprise sends the Company Correspondent their Internet account number and those allocated for each Employee. The Company Correspondent is responsible for handing this number over to each Employee. The password is sent to each User by AXA Epargne Entreprise.

Replacement of Passwords

The User is asked to change their password at the time of their first connection and subsequently in a regular manner in order to protect the confidentiality thereof.  Moreover, they are advised not to choose a password that it is easy for third parties to discover.

Users can change their password at any time on the website under “My profile / Password” and in the mobile application in the “Personal information/Personal contact details” menu then click on the “Modify” button at the bottom of the page and select “My password”.

Forgotten and Lost Passwords

The number of successive attempts at composing the password is limited to three attempts. On the third unsuccessful attempt, access to the Services is suspended.

The User can then request the allocation of a new password. This temporary password shall be modified at the time of the first connection to the Services following its allocation.

The Employee can request this allocation as follows:

  • on the identification page of the website or mobile application under “Lost password?”
  • from the Customer Service Department either by e-mail or by contacting a call centre operator by telephone using the contact details given on the latest transaction statement and/or account statement;
  • by letter at the following address: AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9.

In order to be able to be issued with a temporary password, they shall give their identifier and Internet account number. According to their choice the password may be sent to them by e-mail or SMS (if they have completed the corresponding data in their Client Space) or, failing this, by post.

The Company Correspondent can request this allocation as follows:

  • on the identification page of the Website under “Forgotten your password?”
  • from the Customer Service Department either by e-mail or by contacting a call centre operator;
  • by letter at the following address: AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9.

The Correspondent shall give the company code and their identifier as well as their surname and first name.

Authentication of the Terminal

All IT connection media shall be registered in order to enable browsing in the Client Space. The terminal shall be registered by the exchange of a single password sent by e-mail or SMS. Failing this, the Employee should contact the Customer Service Department.

Liability of the User

The Access Data is strictly personal and confidential. The User takes full responsibility for the protection of their confidentiality and bears any consequences that may result from disclosure thereof, whether or not voluntarily, to a third person.

The entry of Access Data by the User enables AXA Epargne Entreprise to identify them. Any operation carried out within the Services after the User’s Access Data has been given is deemed to have been carried out by the latter. In any case, the User is deemed to be at the origin of any use of the Access Data.

The User expressly accepts that AXA Epargne Entreprise is released from any liability in case of unauthorised, fraudulent use of the Access Data entrusted to them, insofar as the User has all of the means necessary for ensuring the confidentiality of their Access Data (possibility of changing the password at any time).

Should an authorised person gain knowledge of the Access Data, the User shall inform AXA Epargne Entreprise thereof and formally stop it by telephone or by e-mail and confirm it by sending a registered letter with notification of receipt to the following address: AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9 in order to ensure that the necessary measures are taken (deactivation of the password, allocation of a new temporary password and resumption of the Services). In the absence of a formal instruction to stop the Access Data, AXA Epargne Entreprise shall legitimately consider that any connection to the Services by means of the Access Data is deemed to originate from the User to whom it was allocated. In case of dispute concerning the date of the instruction to stop the Access Data, only the date of receipt by AXA Epargne Entreprise of the written confirmation shall be given full faith between the parties.

 

Section 2.03 Collection of Information

 

Within the framework of the regulations concerning the fight against money-laundering and the financing of terrorism, Employees are imperatively asked to provide or verify and confirm certain personal details, in particular their e-mail address, before having access to the functionalities of the Services.

 

Section 2.04 Changes to the Services

 

AXA Epargne Entreprise is liable to make changes to and adapt the Services at any time and without notice, at its sole discretion.

Any modification of the Services shall be subject to an amendment of these General Conditions. The General Conditions thus amended will be available on the identification page of the Website and the mobile application. These Services shall automatically apply to the User after acceptance of the amended General Conditions.

 

Section 2.05 Accuracy, Exhaustiveness and Precision of Information provided concerning the Services

 

AXA Epargne Entreprise endeavours, insofar as it is able, to ensure the accuracy and updating of information published, at the time of placing it online. However, discrepancies may arise according to transactions currently being entered into the accounts or awaiting processing.

AXA Epargne Entreprise declines all liability for any imprecision, inaccuracy, omission or modification with regard to information available on the Services, in particular in case of changes to administrative and legal provisions, as well as for any direct or consequential prejudice as a result of fraudulent intrusion, in particular when it could lead to modification of information made available or to the impossibility of access thereto.

 

Article III. Acceptance and Amendment of the General Conditions of Use

 

Access to the Services is subject to prior acceptance by the User of these General Conditions of Use. They are accepted at the time of the first connection after entering (i) the Access Data and (ii) collection of information.

The User agrees to the General Conditions either on the Website or the mobile application by clicking on the “Accept the General Conditions” button located at the end of the General Conditions, or via the Telephone Service by pressing the corresponding key. Acceptance of the General Conditions on the Website or on the mobile application or on the Telephone Service involves acceptance of the General Conditions for the Services as a whole.

The User acknowledges that the act of clicking on “Accept the General Conditions” or pressing the corresponding key in the Telephone Service means giving their consent to the aforementioned conditions. They thus undertake to comply with them.

The User shall be informed of any amendment of these General Conditions, to the exclusion of amendments concerning required access equipment, at the time of their first connection after the aforementioned amendments. The User shall accept the amended general conditions before being able to access the Services.

In case of the User’s disagreement with one of the clauses appearing in the General Conditions, they will have the option of requesting the withdrawal of their access under the conditions of article VII of these General Conditions.

Proof of acceptance of the General Conditions is kept by the AXA Epargne Entreprise systems. In case of amendment of the General Conditions, only the proof of acceptance of the latest accepted version of the said General Conditions is retained.

The User can consult the General Conditions at any time under the “General Conditions of Use” section on the identification page of the website and on the “Legal information / GCU” menu of the mobile application.

 

Article IV. Functionalities of the Services

 

AXA Epargne Entreprise provides its Services subject to the provisions made in the account opening, custody account holding and account register holding agreement signed between AXA Epargne Entreprise and the Client Company. AXA Epargne Entreprise does not therefore guarantee that the User shall be able to complete all of the operations mentioned hereinafter.

In case of direct relations, Employees have direct access to the functionalities of the website and of the mobile application.

In case of indirect relations, Employees have complete access for consultation and limited access for transactions. Transactions which cannot be directly completed by employees are made by the Company Correspondent on their behalf.

 

Section 4.01 Functionalities of the Website

 

a.        Information of a General Nature

AXA Epargne Entreprise places information of a general nature at the User’s Disposal concerning the employee saving schemes, the terms of refunding of their assets (supporting documents, conditions, etc.) and changes of contact details.

An online assistant is provided on the website and the telephone service reserved for Employees.

b.        Operations that may be carried out by the Company Correspondent

The Company Correspondent may carry out the following operations:

  • consultation of the overall balance of the savings of Employees of their Company as well as the overall and itemised balance of assets allocated to Employee saving schemes by scheme and by investment fund,
  • consultation of payments in chronological order per investment fund provided for under the agreements current within the Company,
  • management of collective transactions (incentive schemes, profit-sharing, voluntary payments, employer contributions, transfer of rights from Time Savings Accounts (CET) to the PERCO)  and follow-up of the processing of transactions,
  • placing the Company’s bank details online,
  • updating of Employees’ personal data (present, has left, retired),
  • publishing of management reporting statements (list of Employees, reporting of PNDs, CSG (supplementary social security tax) and CRDS (social security debt retirement tax) tables etc.).

Within the framework of indirect relations, the Company Correspondent shall have received authorisation from each Employee concerned to carry out the following operations on their behalf:

  • changing Employees’ personal details (postal address, bank identification information),
  • filling in profit-sharing and incentive scheme option forms,
  • making payments.

After the performance of each financial transaction, a file containing a summary of the transactions processed is placed at the Company Correspondent’s disposal.

It is specified that AXA Epargne Entreprise remains a third party to any dispute that may arise between the Client Company and its Employees. The Company Correspondent remains solely liable.

c.        Operations that may be carried out by the Employee

The Employee can carry out the following operations:

  • consult and modify their personal details;

The Employee can change their postal address, e-mail, telephone number, civil status and their bank details, and if necessary upload the supporting documents.

It is solely the Employee’s responsibility to take care of updating their e-mail address and mobile telephone number; AXA Epargne Entreprise cannot be held liable for the consequences of any obsolescence thereof and, in particular, for failure to receive e-mails or SMS.

  • password management;
  • consultation of information concerning the investment funds provided for by the current employee saving scheme(s) in their company;
  • consultation of the amount of savings by scheme, by investment fund and by availability date;
  • consultation, if necessary, of the employer contributions rule;
  • creation of an account situation statement at a specific date in .pdf format;
  • consultation of transactions made in chronological order (the chronology comes into effect at 11th February 2008)
  • consultation of current transactions;
  • application for partial or full refund of available assets and assets arriving at maturity within less than three months;

The Employee shall enter the release date, choose the investment fund(s) and state the number of units or the gross amount that they wish to be refunded. Subject to the terms provided for within their Company, they may indicate an activation threshold.

The amount of the gross refund is an estimated amount, calculated on the basis of the last known net asset value for each investment fund. The refund will take place at the net asset value that follows the receipt of the request (i.e. at a rate unknown at the time of the transaction).

The payment will be made by transfer to the Employee’s bank account. If the account number is invalid, the payment will be sent to them by cheque at their postal address.

  • request for total or partial refund of unavailable assets;

In case of early release (except in case of the death of the Employee himself or herself or a situation of excess debt), the Employee shall select the reason allowing the release, the date of release, choose the investment fund(s) and indicate the number of units or the gross amount that they wish to be refunded.

In order for their refund request to be admissible, the Employee must attach the appropriate supporting documents. They have a deadline of thirty days from the recording of their transaction online. On expiry of this deadline, their request shall be cancelled. These supporting documents may either be sent by post or placed online. In this case, the documents are attached in one of the following formats: .pdf, .jpg or.jpeg, and their overall size shall not be greater than 10 Mo. Acceptance of the general conditions of use involves certification that supporting documents provided correspond to the originals. AXA Epargne Entreprise may be led to ask for the original documents to be sent by post for the purposes of verification.

The request is deemed to have been received on the first working day following the date at which it was sent. This date of receipt shall be given full faith in particular in order to determine the applicable net asset value as well as in order to ensure compliance with any deadline given for making the early release request.

If the buyback transaction is not valid, the Employee either receives a letter by post setting out the reasons for the refusal or an e-mail or an SMS (if they have opted for this means of communication) informing them that it was not possible to validate their buyback application and asking them to sign in to their Personal Space in order to view the letter setting out the reasons for the refusal. The letter made available in the Client Space is in .pdf format.

Any application which is incomplete and/or contains supporting documents which are unreadable or which AXA Epargne Entreprise is unable to open shall be refused.

The refund shall be made under the same conditions as the refund of available assets.

  • one-off payments and scheduled payments by standing order from a bank account or post office account;

The Employee shall upload an identity document to their Client Space and a direct debit bank account details slip after electronic signature of a SEPA direct debit authorisation.. Failing this, they may send the signed SEPA direct debit authorisation by postal letter to: AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9. This SEPA authorisation shall become null and void after a period of inactivity of 3 years.

At the time of the payment, they shall specify in particular the month of the first payment, any regular intervals between payments and the amount and distribution of the payment between the investment funds. The Employee agrees to the whole of the conditions specific to this service.

  • one-off payments by bank card;

The Employee undertakes to be the personal holder of the bank card used for the payment. In order to make the payment, they shall provide their e-mail address, indicate the scheme into which they wish to make the payment, choose the investment fund(s) and specify the amount of the transaction. After having validated this stage, they leave the site and are redirected to the Paybox System payment server (secure online payment transactions receipt system using the 3D Secure security protocol) by means of which the transaction can then be made. After having provided the information on their bank card and any secret data agreed with their bank (date of birth, password, code received by SMS etc.), they may make the payment. The transaction will be validated subject to acceptance by their bank and acceptance of the Paybox transaction.

  • modification of choice of investment (arbitrage and transfer);
  • fill in a option form (incentive schemes, profit-sharing, transfer of Time Savings Accounts (CET) rights to the PEE or the PERCO, transfer of unused days off to the PERCO);
  • cancellation of a transaction;

The cancellation request shall be made before the deadline for acceptance of orders mentioned in the key information documents for investors for the investment funds concerned and in the account-holder general conditions.

  • subscription to e-statements;

Employees who subscribe to this service, receive their next documents (option notice, transaction statements, position statements, annual statement, summary statement etc.) directly in their Client Space in electronic format, except for transactions being processed. After each transaction, the Employee receives an e-mail informing them of each document being made available on the site. They acknowledge that the placing online of their transaction statements is equivalent to the handing over of these documents by AXA Epargne Entreprise.

The Employee may renounce this service by clicking on the “My profile\My subscriptions\Subscription to E-services” tab. The information contained in the electronic statements being confidential, the Employee’s attention is drawn to the need to use a personal e-mail address of which they are the sole addressee, in order to fully comply with confidentiality.

  • subscription to commercial canvassing;

Signing up to this service on the Employee’s part results from subscription by clicking on the “My profile\My subscriptions\Subscription to commercial offers” tab. The user shall choose the method by which they wish to receive these notifications (E-Mail and/or SMS).

Transactions made and validated on the Website are recorded and kept by the AXA Epargne Entreprise IT systems.

Each transaction is allocated a transaction number. This reference is recalled in the acknowledgement of receipt sent to the Employee by e-mail or SMS (subject to the latter having given their e-mail address and/or mobile telephone number).

Employees who have assets in several Client Companies whose account holding is taken care of by AXA Epargne Entreprise have their functionalities for their various different accounts.

 

Section 4.02 Functionalities of the Mobile Application

 

The Employee can carry out the following operations:

  • consult and modify their personal details;
  • consultation of the balance of their account by scheme and by investment fund,
  • consultation of the latest transactions made,
  • consultation of current transactions.
  • carrying out one-off payments by bank card or direct debit,
  • total or partial refund of available assets,
  • incentive scheme and profit scheme entries,
  • arbitrage entries,
  • replacement of passwords,
  • cancellation of a transaction,

subscription to e-documents. Transactions made and validated via the mobile application are recorded and kept by the AXA Epargne Entreprise IT systems.

Each transaction is allocated a transaction number. This reference is recalled in the acknowledgement of receipt sent to the Employee by e-mail or SMS (subject to the latter having given their e-mail address and/or mobile telephone number).

Employees who have assets in several Client Companies whose account holding is taken care of by AXA Epargne Entreprise have their functionalities for their various different accounts.

 

Section 4.03 Telephone Service Functionalities

 

The telephone service enables Employees:

  • to ask to receive general information by e-mail concerning employee savings, the terms of refund of available assets, and cases of early release
  • to gain access directly to a call centre operator or be called back by a call centre operator. 

Access to this functionality presupposes entry by the User of their identifier and their password and the presence of a valid e-mail address in their personal contact details.

 

Article V. Changes to and Availability of the Services

 

AXA Epargne Entreprise undertakes to implement the necessary means in order to ensure availability of the Services under optimal conditions.  However, the User is informed that AXA Epargne Entreprise cannot in any case guarantee uninterrupted operation of the Services.

Access to the Services is possible 24 hours a day and 7 days a week, subject to occasional but necessary operations for control and technical maintenance, updating of databases and overloading of the line, lack of electricity supply, interruptions of service resulting from poor operation of the User’s equipment or of the broadcasting network.

In any case, in case of unavailability of all or part of the Services, the User retains the right to carry out the above-mentioned operations either by sending a letter by post or by directly contacting a call centre operator available from Monday to Friday (with the exclusion of bank holidays and certain annually-fixed days off between public holidays and weekends) from 9 a.m. (8:30 a.m. for employees) to 6 p.m. (Paris time) via the telephone number given on their account statement (call not surcharged).

The User expressly acknowledges that AXA Epargne Entreprise cannot be held liable for unavailability of the Services for any reason whatsoever.

 

Article VI. Financial Conditions

 

Access to the Services is free of charge.

However, AXA Epargne Entreprise reserves the right to invoice access to these Services at a later date. In this case, the User will be given prior notice of the applicable rate by letter within a deadline of three months before it comes into effect. The User will then have the right to terminate their access to the Services, under the conditions set out under article VII of these General Conditions. Operations carried out within the framework of the Services shall be invoiced in accordance with the price rates statement passed on and available in the Client Space.

The User personally takes care of the payment of the price of the communications necessary for Internet connections and telephone communications.

 

Article VII. Length and Suspension of Access to the Services

 

Access to the Services is valid for an unlimited period coming into effect at the date at which AXA Epargne Entreprise sends the User their Access Data.

AXA Epargne Entreprise reserves the right to suspend or bring access to one or several Services to an end at any time, without notice and without being obliged to give any reason, should it notice events justifying the presumption of use that is fraudulent and/or contrary to these General Conditions of Use or attempted use that is fraudulent and/or contrary to these General Conditions of Use of its Services. The User cannot in any case receive compensation in this respect. A message will be activated on the Services identification page.

The User can request termination of their access to the Services at any time by written notification to AXA Epargne Entreprise at the following address: AXA Epargne Entreprise TSA 60032 93736 Bobigny cedex 9. The withdrawal of access will come into effect on the day of receipt of the notification by AXA Epargne Entreprise.

 

Article VIII. Data Protection

 

Section 8.01 Cookies

 

A cookie (or HTTP cookie) is a text file which may be recorded, subject to the Internet user’s choice, in a dedicated space of the hard disk of their terminal (computer, tablet computer etc.) at the time of consultation of an online service by means of their Web browser. It is sent by the server of a website to their browser. An anonymous identifier is allocated to each cookie. A cookie file allows its issuer to identify the terminal on which it is recorded, throughout the period during which the cookie concerned is valid or recorded. A cookie does not make it possible to directly trace a natural person. It does not contain any name or address or any information which might enable any person whatsoever to personally identify the Internet user or to contact them by telephone, e-mail or any other means. They are not spyware or viruses.

Cookies are temporarily stored in the memory on the hard disk of the User’s terminal. This information is not stored for a period of longer than six months. Most Web browsers are initially configured in order to accept cookies.

Use of the website and of the mobile application may require the installation of cookies on the User’s computer, mobile phone or tablet computer and, more specifically, user session cookies and statistical cookies. If the User forbids the use of cookies on their browser, they may no longer have access, or only have deteriorated conditions of access, to certain functionalities of the Services.

User session cookies make it possible to link the User’s actions when necessary in order to provide the Services. This cookie is destroyed after each of the User’s visits to the Client Space.

The statistical cookie enables AXA Epargne Entreprise to elaborate statistics on use of the Services and in particular concerning the pages visited and the average length of connection to the Website.

In order to oppose the recording of cookies, Internet users shall set the parameters of their browser by referring to their Web browser manual or user guide and/or modify the parameters in their mobile application, in order to modify their wishes with regard to cookies.

Section 8.02 Hyperlinks

 

The website and mobile application may contain hyperlinks enabling access to sites not published by AXA Epargne Entreprise.

By accessing another site via a hyperlink, Users accept that they gain this access at their own risk. AXA Epargne Entreprise cannot therefore be held liable for any direct or consequential prejudice resulting from their access to another site linked by a hyperlink.

Moreover, the User cannot put any hyperlink to the website in place without express and prior authorisation from AXA Epargne Entreprise.

 

Section 8.03 Data Security

 

AXA Epargne Entreprise undertakes to take care of the security and confidentiality of the User’s information of a personal nature in order to protect it against any modification, loss, accidental destruction or unauthorised disclosure.

Information passed on at the time of transmission of orders via the website or mobile application pass through the data transport networks in encrypted form. The security protocols are subject to vulnerability tests conducted twice a year.

The User acknowledges that they are fully informed and that total security of correspondence cannot be guaranteed on Internet. Within this framework, they expressly release AXA Epargne Entreprise from its banking secrecy obligation.

The User’s attention is drawn to the fact that electronic mails that pass via Internet are not encrypted and may be intercepted by third parties. The User is advised not to transfer personal or sensitive details via e-mail.

It is the User’s responsibility to take all necessary measures in order to protect its mediums from contamination by a virus or attempted intrusions or use by third parties.

 

Section 8.04 Right of Access and Rectification

 

Within the framework of your relation with AXA Epargne Entreprise for an Employee Savings scheme, the latter will principally use your data for the establishment, management and performance thereof. It will also be liable to use it (i) within the framework of disputes, (ii) for the fight against money-laundering and the financing of terrorism, (iii) in order to comply with applicable regulations. 

Your data will be retained for the time necessary for these various operations, or for the period specifically provided for by the CNIL [the French data protection authority] (norms for the banking sector) or the law (statutory requirements).

It will only be passed on to partners or officially-authorised professional bodies who need to have access thereto for the completion of these operations. For those of these recipients located outside of the European Union, the transfer is limited (i) to countries listed by the European Commission as adequately protecting data or (ii) recipients complying either with the model contractual clauses put forward by the CNIL or the AXA Group’s internal company data protection rules (BCR).

We are legally bound to verify that your data is accurate, complete and, if necessary, up-to-date. We may thus approach you in order to check it or be led to complete your file (for example by recording your e-mail address if you have not written an electronic mail).

You may request access, rectification, deletion or portability of your data, define the directives concerning what would happen to it in the event of your death, choose to limit the use made of it or oppose the processing thereof. If you have given special and express authorisation for the use of certain pieces of your information, you may withdraw it at any time provided that the application of your contract is not dependent upon this information.

You can write to your data protection representative in order to exercise your rights by e-mail (mailto:service.informationclient@axa.fr) or by letter (AXA France - Service Information Client - 313 Terrasses de l’Arche 92727 Nanterre cedex). In case of claims, you may choose to refer the matter to the CNIL.

 

Article IX. Intellectual Property

 

The general structure, as well as the software, texts, images, sounds and all other elements composing the Services are the exclusive property of AXA Epargne Entreprise, protected under current French and international law in the field of intellectual property. The trademarks and logos appearing on the Website and the mobile application are registered.

None of this information can therefore be, wholly or partially, reproduced, represented, affixed, used, modified, distributed, redistributed, translated, used commercially or reused in any manner whatsoever without AXA Epargne Entreprise’s express, prior and written authorisation.

Violation of this prohibition constitutes an act of counterfeiting for which the counterfeiter may be held civilly and criminally liable in accordance with the provisions of the Intellectual Property Code (Code de la propriété intellectuelle).

 

Article X. Unforeseeable Events – Force majeure

 

Within the framework of these general conditions, AXA Epargne Entreprise is solely subject to a best-efforts obligation. It cannot be liable for any consequences which may affect the User’s account as a result of poor use or unauthorised use of the Services by the User or by an unauthorised third party.

AXA Epargne Entreprise is not liable for the transport of data, the quality and availability of telecommunications networks, interruptions of service due to accidental cases or force majeure or other circumstances beyond its reasonable control and, in particular, in the presence of - even partial -  industrial action occurring at AXA Epargne Entreprise or at any other intermediary acting in the operation of the Services, lack of electricity supply and interruptions of service as a result of poor operation of the User’s equipment or of the transmission network.

Since AXA Epargne Entreprise is neither the supplier of the terminal, nor the transporter of the Internet Access Data, it cannot be held liable.

In any case AXA Epargne Entreprise cannot be held liable in case of dispute on the part of the User with any of their suppliers whatsoever, or in case of malfunctioning, unsuitability or parameterisation of its technical equipment making access to and use of the Services impossible.

In case of prolonged interruption of the Services, the User shall be informed thereof by display of a notice on the website or mobile application and via a message on the telephone service except in case of force majeure. They retain the right to send requests for operations by postal letter. AXA Epargne Entreprise is not liable for any consequences arising from interruption of the Services.

The User accepts full liability for operations that it initiates and the consequences thereof and cannot in any case hold AXA Epargne Entreprise liable in this regard. AXA Epargne Entreprise cannot be held liable for direct and consequential prejudice which may result from access to or use of the Services, including any damage, virus or any other parasite of a destructive nature qui which could contaminate the technical equipment or any other property belonging to the User.

 

Article XI. Agreement on Proof

It is expressly agreed between the parties that the rules of proof mentioned below govern relations between the User and AXA Epargne Entreprise in the whole of these general conditions of use.

Users identify themselves by entering their Access Data. Any transaction made by the User within the framework of the use of the Services after entry of their Access Data is therefore deemed to originate from the User himself or herself.

The act of ticking the boxes corresponding to each stage of transactions made on the website or mobile application shows the User’s express consent to the completion of this transaction under the conditions that they have themselves indicated in the course of the various stages of confirmation of their request.

The traces of connections to the website and to the mobile application are kept by AXA Epargne Entreprise’s IT systems as proof of the transactions completed using these services.

In case of disputing of the terms and reality of the transaction, AXA Epargne Entreprise will produce the aforementioned traces in order to prove the completion of the aforementioned transactions. They may be produced in IT or paper format. These elements may be used by AXA Epargne Entreprise within the framework of any legal or other proceedings and can of course be raised between the parties.

 

Article XII. Applicable Law – Courts having Jurisdiction

 

These General Conditions are governed by French law.

Any dispute arising from the validity, interpretation or performance of these general conditions shall be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of the Court of Appeal of PARIS.

 

 

General conditions established at 1st October 2018.