Legal Notice
The information contained on the Website is intended exclusively for persons residing either in the Federal Republic of Germany, in the Republic of Austria or in the Grand Duchy of Luxembourg. You undertake to refrain from using these websites when your future residence is no longer in the Federal Republic of Germany or in the Republic of Austria or in the Grand Duchy of Luxembourg. The securities mentioned on this Website will, in particular, not be offered or sold in the United States of America or to or for the benefit of U.S. persons. U.S. persons means the persons defined as such in Regulation S of the United States Securities Act of 1933 and includes, in particular, persons residing in the United States of America as well as U.S. American corporations and partnerships.
No offer to purchase securities
The information contained on this Website does not constitute an offer to subscribe, purchase or sell any securities issued by BNP Paribas or by companies associated with it (in particular, BNP Paribas Issuance B.V.). It must not be understood as an offer or solicitation to submit an offer, but is provided for information purposes only.
No consultation, no information agreement
No contractual relationship of any type arises between you as user of this Website and the companies of BNP Paribas Group by way of using this Website. The information contained herein is provided outside of any contractual relationship and does not establish any type of contractual consultation or information agreement. Investors will not be able to buy or sell the securities described on this Website directly from BNP Paribas, but only through a broker.
Neither the information contained on this Website nor the information you receive via the phone number indicated on this Website (the “Hotline”) contains any investment, tax or other advice. It does not take into consideration your special situation regarding your investment objectives and risk inclination. Such information does not replace advice from an investment adviser, your bank or from any other tax or financial adviser which is indispensable before you take any decision to buy the securities.
No financial analysis
The information provided on the Website constitutes no “financial analysis“ within the meaning of the German Securities Trading Act (Wertpapierhandelsgesetz) or the Austrian Securities Supervision Act 2007 (Wertpapieraufsichtsgesetz 2007) and does not meet the legal requirements to ensure impartiality of financial analysis and is not subject to the prohibition of trading before the publication of financial analyses.
"Most heavily traded" and "Top Performance"
The above sections titled “No consultation, no information agreement“ and “No financial analysis“ apply, in particular, also to products which are mentioned in the categories “most heavily traded“ and “top performance“ on the Websites.
Risk information
BNP Paribas informs you that any investment in products presented on the Website exposes you to high risks, up to and including the risk of a total loss of the capital invested. Accordingly, these products are not equally suitable for each user.
Securities prospectus
If you consider to buy the securities described on this Website and before you decide to buy them, you should read the solely legally binding final terms and conditions of the offer which are included in the base prospectus, which may be amended by supplements (together referred to as “Securities Prospectus“), to obtain information on the basic data of the securities and on the risks associated with these securities and with the issuer. The Securities Prospectus can be downloaded from the website https://www.etp.bnpparibas.com/base-prospectuses and is available in printed form from BNP Paribas Issuance B.V., Herengracht 595, 1017 CE Amsterdam, The Netherlands, and from BNP Paribas S.A. Niederlassung Deutschland, Senckenberganlage 19, 60325 Frankfurt am Main, as paying agent free of charge. Responsible for the content of the particular Securities Prospectus is its respective issuer.
No warranty for the correctness of price information and master data
The price information contained on this Website has usually been obtained from different providers (e.g. Reuters), but may also have been determined by BNP Paribas itself. Current prices of securities or underlyings may be displayed with a time delay based on the regulations prescribed by the relevant stock exchanges or the relevant providers of financial information. You can find other price information, in particular, information on the past performance of the underlying, at the reference to the relevant security indicated in the Securities Prospectus of (see under the link “Securities Prospectus“). The respective issuer is liable for the content of the respective Securities Prospectus. BNP Paribas accepts no warranty for such content. The historical performance does not constitute a reliable indication for the future performance of the underlying or of the securities. BNP Paribas accepts no warranty for the correctness of the information above and may alter it at any time (also with retroactive effect). The same applies to information on historical performance, the underlying(s) the changeable, product-related information on return, barrier considerations, risk buffer, distance to certain levels or thresholds, master data on the website and other prices and ratios. The only decisive prices are those set out in the respective Securities Prospectus.
BNP Paribas accepts no warranty for the correctness of the product-related master data contained on this Website and may alter them at any time (also with retroactive effect). The respective Securities Prospectus shall apply exclusively.
No warranty for the correctness of further content
The information contained on this Website has been derived from sources considered reliable by BNP Paribas. The information has been compiled to the best of our knowledge. In case you become aware that contents are incorrect or incomplete, we kindly ask to be notified. Should we thereby or otherwise obtain knowledge of the fact that contents are incorrect or incomplete, we will of course correct or delete them.
Estimates and valuations of third parties reflect the opinion of the relevant author at the time of their creation. They may not be in line or even contradict with the opinions held by BNP Paribas.
Liability for links
This Website may contain hyperlinks to websites of third parties and thus enable access to these websites which were provided or made accessible by operators who are independent of BNP Paribas.
The fact that BNP Paribas provides the hyperlink does not constitute any recommendation, authorisation, promotion of or participation of BNP Paribas in these websites, their owners or the persons responsible for them. Rather, the respective provider is solely responsible for the contents of the linked sites. If you identify any legal violation on linked websites, please contact us. We will immediately remove these links once we have checked them.
Security of electronic data communication
Please note that emails and their attachments may be read, intercepted or altered by third parties or may be lost. It is your decision to communicate with BNP Paribas via email. If you oppose to the risks associated with the use of email, please contact BNP Paribas per mail or another secure way. In case you contact BNP Paribas by email, you agree on being answered via the same way.
Conflict of interests
Please note that BNP Paribas will, from time to time, buy or sell securities, commodities, futures contracts or options for hedging purposes and other purposes or will hold (long or short) positions in them which are identical to or associated with these securities. This may affect the value of the securities. BNP Paribas may also act as calculation agent or sponsor of the underlying and may, in this capacity, make determinations which may affect the value of the securities.
Intellectual property
All contents of the Website, in particular, data, designs, graphics, trademarks, logos, photos and sound recordings are subject to the intellectual property rights of BNP Paribas under copyright, trademark and competition laws. Any use of such content without BNP Paribas' prior consent may constitute a legal violation resulting in claims for damages on the part of BNP Paribas.
Availability
BNP Paribas aims to provide a comprehensive availability of the Website, but does not owe a promised or even permanent availability.
Responsibility, German law, place of jurisdiction
BNP Paribas S.A. – Niederlassung Deutschland, Senckenberganlage 19, 60325 Frankfurt am Main, is responsible for the contents of and the publications on this website. The contents of this Website and the user relationship shall be governed by German law. If you are a consumer, you are also subject to the provisions on consumer protection applicable at the place of your ordinary residence. To the extent permitted, the place of jurisdiction for all disputes associated with the contents and the use of this Website shall be Frankfurt am Main.
Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps has been in force since 1 November 2012. This Regulation contains a notification system for significant net short positions and restrictions on short selling of financial instruments. The text of this Regulation and the relevant technical standards are available at https://www.esma.europa.eu/regulation/trading/short-selling .
Note in accordance with section 36 Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz - VSBG)
We do not, and are not obliged to, take part in dispute resolution procedures before a consumer conciliation body.
DATA PROTECTION NOTICE
Last updated 20 July 2023
Introduction
We take the protection of your personal data very seriously; accordingly, the BNP Paribas Group has adopted strong principles in its Personal Data Protection Charter available at https://group.bnpparibas/uploads/file/bnpparibas_personal_data_privacy_charter.pdf.
BNP Paribas S.A. German Branch, business line CIB Germany, Exchange Traded Solutions ("We"), are responsible, as a controller, for collecting and processing your personal data, in relation to our activities.
The purpose of this Data Protection Notice is to let you know which personal data we collect about you and what your rights are and how you can exercise them.
1. ARE YOU SUBJECT TO THIS NOTICE?
This Data Protection Notice applies to you if you are ("You") a person interested in our products, services or contents (newsletters…), when you subscribe by providing us your personal data, on our websites and applications and/or during events or sponsorship operations.
When you provide us with personal data related to other people, please make sure that you inform them about the disclosure of their personal data and invite them to read this Data Protection Notice. We will ensure that we will do the same whenever possible (e.g., when we have the person's contact details).
2. HOW CAN YOU CONTROL THE PROCESSING ACTIVITIES WE DO ON YOUR PERSONAL DATA?
You have rights which allow you to exercise real control over your personal data and how we process them.
If you wish to exercise the rights listed below, please submit a request by mailing a letter to the following address BNP Paribas S.A. German Branch, Exchange Traded Solutions, Senckenberganlage 19, 60325 Frankfurt or via e-mail at derivate@bnpparibas.com or via the contact form on our website www.derivate.bnpparibas.com. We may ask you for suitable identity documentation.
If you have any questions relating to our use of your personal data under this Data Protection Notice, please contact our Data Protection Officer at the following address de.cib.gdpr.spoc@bnpparibas.com.
2.1. You can request access to your personal data
If you wish to have access to your personal data, we will provide you with a copy of the personal data you requested as well as information relating to their processing.
Your right of access may be limited in the cases foreseen by laws and regulations. For example, this is the case with the regulation relating to anti-money laundering and countering the financing of terrorism, which prohibits us from giving you direct access to your personal data processed for this purpose.
2.2. You can ask for the correction of your personal data
Where you consider that your personal data are inaccurate or incomplete, you can request that such personal data be modified or completed accordingly. In some cases, supporting documentation may be required.
2.3. You can request the deletion of your personal data
If you wish, you may request the deletion of your personal data, to the extent permitted by law.
2.4. You can object to the processing of your personal data based on legitimate interests
If you do not agree with a processing activity based on a legitimate interest, you can object to it, on grounds relating to your particular situation, by informing us precisely of the processing activity involved and the reasons for the objection. We will cease processing your personal data unless there are compelling legitimate grounds for doing so or it is necessary for the establishment, exercise or defence of legal claims.
2.5. You can object to the processing of your personal data for commercial prospecting purposes
You have the right to object at any time to the processing of your personal data for commercial prospecting purposes, including profiling, insofar as it is linked to such prospecting.
2.6. You can suspend the use of your personal data
If you question the accuracy of the personal data we use or object to the processing of your personal data, we will verify or review your request. You may request that we suspend the use of your personal data while we review your request.
2.7. You have rights against an automated decision
As a matter of principle, you have the right not to be subject to a decision based solely on automated processing based on profiling or otherwise that has a legal effect or significantly affects you. However, we may automate such a decision if it is necessary for the entering into or performance of a contract with us, authorised by regulation or if you have given your consent.
In any event, you have the right to challenge the decision, express your views and request the intervention of a competent person to review the decision.
2.8. You can withdraw your consent
If you have given your consent to the processing of your personal data, you can withdraw this consent at any time.
2.9. You can request the portability of part of your personal data
You may request a copy of the personal data that you have provided to us in a structured, commonly used and machine-readable format. Where technically feasible, you may request that we transmit this copy to a third party.
2.10. How to file a complaint with a data protection supervisory authority
In addition to the rights mentioned above, you may lodge a complaint with a competent supervisory authority. The address of the supervisory authority responsible for us is as follows: Der Hessische Beauftragte für Datenschutz und Informationsfreiheit, Gustav-Stresemann-Ring 1, 65189 Wiesbaden.
3. WHY AND ON WHICH LEGAL BASIS DO WE USE YOUR PERSONAL DATA?
In this section we describe how and why we use your personal data and draw your attention to some data processing we consider could be more impactful for you and, in some cases, may require your consent.
3.1. Your personal data is processed to comply with our various legal and/or regulatory obligations
Your personal data is processed where necessary to enable us to comply with the laws and/or regulations to which we are subject, including banking and financial regulations.
We use your personal data to:
• monitor operations and transactions to manage, prevent and detect fraud;
• monitor and report risks (financial, credit, legal, compliance or reputational risks, operational risks etc.) that we/and or the BNP Paribas Group could incur;
• record electronic communication, for example due to recording obligations according to national implementation of the Markets in Financial Instruments Directive II;
• exchange and report different operations, transactions or orders or reply to an official request from duly authorized local or foreign financial, tax, administrative, criminal or judicial authorities, arbitrators or mediators, law enforcement, state agencies or public bodies.
3.2. Your personal data is processed to fulfil our legitimate interest or the legitimate interest of a third person
We use your personal data to:
• manage the risks to which we are exposed. We:
- keep records of operations, including in electronic form;
- deal with legal claims and defend the law in the event of litigation;
• be able to respond effectively to your requests;
• ensure the cybersecurity of our IT systems (e.g. to block IP addresses affected by cyber attacks).
In any case, our legitimate interest remains proportionate and we verify according to a balancing test that your interests or fundamental rights are preserved. Should you wish to obtain more information about such balancing test, please contact us using the contact details provided in section 2.
3.3. Your personal data is processed if you have given your consent
For some personal data processing activities, we will give you specific information and ask for your consent. Of course, you can withhold your consent or, if given, withdraw your consent at any time.
In particular, we ask for your consent to:
• manage marketing materials that you can order via our website/applications (e.g. newsletter services or printed magazines);
• Use your navigation data to enhance our knowledge of your profile in accordance with our Cookies Policy.
You may be asked for further consent to process your personal data where necessary.
4. WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
We collect and use your personal data, meaning any information that identifies or allows to identify you, to the extent necessary in the framework of our activities. We collect various types of personal data about you, including:
• identification information (e.g. full name, gender);
• contact information private or professional (e.g. postal and e-mail address, phone number, fax number);
• data relating to your habits and preferences (data which relate to your use of our products and services);
• data from your interactions with us, e.g. your comments, suggestions, needs that we collect during our exchange with you personally at our locations (contact reports) or during telephone communication (conversation memo), communications by e-mail or chat, exchange on our social media accounts or in the course of any complaints you may raise;
• Your connection and tracking data (e.g. collected via cookies for non-advertising or analytical purposes on our websites), online services, applications;
• information about your device (IP address, technical specifications and uniquely identifying data);
• personalized Log-in data
5. WHO DO WE SHARE YOUR PERSONAL DATA WITH AND WHY?
a. Sharing of information within BNP Paribas Group
We may provide information to other BNP Paribas companies if necessary to process requests or contacts, or if necessary for risk management purposes, as described above.
b. Sharing of information outside BNP Paribas Group
In order to fulfil some of the purposes described in this Data Protection Notice, we may, if necessary, disclose your personal data to:
• processors providing services on our behalf (e.g. IT services, logistics, printing services, telecommunications, marketing).
• local or foreign financial, tax, administrative, criminal or judicial authorities, arbitrators or mediators, public authorities or institutions (e.g. the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Banque de France) to which we or a member of the BNP Paribas Group must provide information:
- upon their request;
- to exercise and defend legal claims, e.g. in the context of a legal action or other judicial procedure;
- for compliance with an order or recommendation from a competent authority applicable to us or a member of the BNP Paribas Group;
• certain regulated professional groups such as lawyers, notaries or accountants, where necessary in certain circumstances (litigation, audit, etc.), as well as our insurers or actual or planned buyers of the companies or divisions of the BNP Paribas Group;
c. Sharing aggregated or anonymized information
We share aggregated or anonymised information within and outside the BNP Paribas Group with partners such as research groups, universities or advertisers. You won’t be able to be identified from this information.
Your data may be aggregated into anonymised statistics that may be offered to professional clients to assist them in developing their business. In this case your personal data will never be disclosed and those receiving these anonymised statistics will be unable to identify you.
6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
In case of international transfers originating from the European Economic Area (EEA) to a non-EEA country, the transfer of your personal data may take place. Where the European Commission has recognised a non-EEA country as providing an adequate level of data protection, your personal data may be transferred on this basis.
For transfers to non-EEA countries where the level of protection has not been recognised as adequate by the European Commission, we will either rely on a derogation applicable to the specific situation (e.g. if the transfer is necessary to perform our contract with you such as when making an international payment) or implement one of the following safeguards to ensure the protection of your personal data:
• Standard contractual clauses approved by the European Commission.
• Binding corporate rules.
To obtain a copy of these safeguards or details on where they are available, you can send a written request as set out in Section 2.
7. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will retain your personal data over the period required to comply with applicable laws and regulations or another period with regard to our operational requirements, such as proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests. For instance, personal data in relation to the orders of our services such as newsletters will be deleted 1 month after cancellation of such order.
8. HOW TO FOLLOW THE EVOLUTION OF THIS DATA PROTECTION NOTICE ?
In a world where technologies are constantly evolving, we regularly review this Data Protection Notice and update it as required.
We invite you to review the latest version of this document online, and we will inform you of any significant amendments through our website or through our standard communication channels.
COOKIES POLICY
The BNP Paribas Group is committed to delivering the best possible service to you while maintaining the confidence that you place in us.
As part of this, we have adopted strong principles across the Group to ensure the protection of your data.
As such, we would like to provide you with transparent information about how we place, use and store cookies on your device when you use our websites and/or our mobile application (the “Website” and/or “Application”) and you present the option to manage and to delete cookies.
1. What is a cookie?
Cookies are small text, image or software files that are placed on your device when you access our Website and/or use our Application. The word “device”, when used in this Cookies Policy, refers notably to computers, smartphones, tablets and all other devices used for accessing the internet.
Cookies may be either: (i) session specific, meaning that they are deleted from your device once the session and browser are closed; or (ii) persistent meaning that they will remain on your device until they are removed.
Cookies perform a number of useful functions, such as to:
• Authenticate and identify you on our Website and/or Application in order to provide you with services that you have requested;
• Enhance the security of the Website and/or Application, including to prevent fraudulent use of login credentials and protect user data from access by unauthorised parties;
• Keep track of your preferences and settings in your use of our Website and/or Application (e.g. language);
• Enhance your user experience by adapting and tailoring the content on the Website and/or Application to your interest
• Remember information that you provided to us (e.g. to automatically populate forms with information that you have previously provided to us so that you can log on more quickly);
2. What kind of information can be stored in a cookie?
The information stored by the cookies on your device may relate to the following, subject to its retention period:
• the webpages you have visited on that device;
• the type of browser you use;
• your IP address;
• and any other information that you have provided on our Website and/or Application.
Cookies may contain personal data. Where we use cookies which collect your personal data, such collection is covered by our Data Protection Notice.
3. What kinds of cookies do we use and for what purpose?
Cookies used on our Websites and/or Applications are classified into different categories.
3.1 Strictly necessary cookies (mandatory)
These cookies are essential for the Website / Application to function properly. They may include, for example, cookies which collect session ID and authentication data, cookies that make it possible to personalize the interface of a Website and / or an Application (for example, for the choice of the language or presentation of a service) or some audience measurement cookies. This category also includes cookies that allow us to comply with our legal obligations, including ensuring a safe online environment (for example by detecting repeated login failures in order to prevent unauthorized persons from reaching your account).
3.2 Analytics cookies (subject to your consent)
These cookies allow us to understand how users arrive on our Website and / or Application, to measure the number of visitors to our Website and / or Application, but also to analyze the way in which visitors browse the Website and/or Application or reconstitute their journey.
This helps us improve the way our Websites and / or Applications work by ensuring, for example, that users easily find what they are looking for.
For this we use the services of Google Analytics, but only if you have given your consent.
You can find more information about these cookies on the Google website at the following address: www.google.de/intl/de/policies/privacy.
If you use an internet browser, you can also use the tool available at this link to opt out of Google Analytics: https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en.
4. In this context, who places the cookies on your device (for example the companies of BNP Paribas Group or a partner)?
When you select which types of cookies you allow on your device, the cookies may be deposited directly by us or by one of our partners.
From a practical point of view, this means that when you authorize the installation of certain so-called “third-party” cookies on your device, our partners will also be able to access the information they contain (such as, for example, your browsing statistics when you allow third-party analysis cookies) within the respect of our data protection Notice and those of our partners.
5. How can you manage cookies?
To see the different categories of cookies that we use on the Website and/or Application and configure your choices, you can consult the cookie management module accessible at the bottom of the page. You can modify at any time your preferences, withdraw or give again your consent at any time.
Please note that the use of strictly necessary cookies for the proper functioning of the Website and/or Application does not require your consent. This is why the option "strictly necessary cookies" is pre-checked in our cookie management tool and is not optional.
By refusing certain types of cookies (preference cookies for example), we will not be able to optimize your user experience on our Website and some parts may not function properly.
By default, we save your cookie choices on a device for 6 months. If you change your mind about the preferences you have expressed regarding cookies, you can update your choices at any time with the cookie management module accessible at the bottom of the page. We will ask you to make a choice again every 6 months.
We are here for you
Niederlassung Deutschland
Exchange Traded Products
Senckenberganlage 19
60325 Frankfurt am Main, Deutschland