Legal Notice

1. General conditions of use

Official website of Zinia by Open Bank, S.A.

This website is the property of Open Bank, S.A. (hereinafter, “Openbank”), a financial institution registered with the Bank of Spain under number 0073, with registered office at Plaza de Santa Bárbara, nº 2, and tax number A-28021079, registered in the Madrid Mercantile Registry, Volume 5308, Folio 202, Sheet M-87030.

- Please read the following general conditions carefully. By accessing this website and any of its pages (hereinafter, the “Website”), you will be considered a user and it will be assumed that you have accepted these general conditions. Access to any of the pages of the Website may be limited by the laws and provisions of the jurisdictions in the respective countries.

- The information contained in the Website is intended primarily for use by individuals, companies, natural or legal persons or any other entity (hereinafter, individually, the “User”, or jointly, the “Users”).

2. User liability and guarantee

The Users’ responsibilities are, by way of illustration but not limitation, as follows:

- To use the information and content provided to them by the Website in accordance with legislation in force, the principles of good faith and generally accepted usage, and to not contravene, through their actions in using the Website, public order or the provisions of this Legal Notice. In this regard, the Users undertake to make lawful, diligent, honest and correct use of any information and/or content to which they have access through the Website.

Therefore, the following is hereby expressly prohibited:

1. Any use for unlawful purposes or that may be to the detriment of or prevent, damage and/or overload, in any way, the usage and normal functioning of the Website, or that may adversely affect the Website or any third party either directly or indirectly;
2. Using the Website for fraudulent purposes or purposes in relation to criminal offences or illegal activities of any kind;
3. Introducing or spreading computer viruses that may cause unauthorised alterations to the content or systems that form part of the Website; and
4. Sending or distributing content in any other way that may violate legislation in force or infringe any right of any party.

Openbank reserves the right to reject any attempt to access the Website in cases where incorrect use of the Website takes place, or where there is a breach of any of the stipulations established in this Legal Notice or of any particular stipulations that may apply.

Users will be solely responsible for the use of the Website and for complying with this Legal Notice in its entirety. Any breach of this Legal Notice may give rise to the appropriate civil or criminal proceedings (either extrajudicial or judicial) against the User, who must hold Openbank harmless in respect of any claims, lawsuits and damages the User may suffer as a result of such a breach.

3. Openbank´s liability and guarantee

3.1 Content

All the content of the Website, both proprietary and third-party, is solely for informational purposes.

Openbank has obtained the information and material included on the Website from sources considered reliable. However, although reasonable steps have been taken to ensure that this information is correct, Openbank does not guarantee that it is accurate, complete or up-to-date and, consequently, it should not be relied on as if it were. Openbank expressly declines any liability for errors or omissions in the information contained in the pages of the Website.

Openbank reserves the right to modify, suspend, cancel or restrict the content of the Website, the links or the information obtained through it, with no need to give prior notice.

In no event will Openbank or their directors, employees or authorised personnel be liable for any type of damages, losses, claims or expenses of any type, whether or not arising from the use of the Website or the information acquired or accessed through it, from computer viruses, from operational failures or from disruptions in the service or transmission or failures in the line. By using the Website, whether through a direct connection or through a link or other means, Users are notified that these possibilities may materialise.

It is hereby prohibited to transmit or send through the Website any illegal or illicit content, computer virus or message that in general may affect or infringe the rights of Openbank or of third parties.

3.2 Links

This Website includes, as part of its content, links to other websites either belonging to or managed by third parties in order to facilitate access to information and services available on the Internet.

Openbank assumes no liability for non-proprietary websites that may be accessed through links or for any content made available by third parties.

Furthermore, Openbank assumes no liability arising from the existence of links between the content of the Website and content located elsewhere or from any other reference to content not contained in the Website. Such links and references are solely for informational purposes and in no case imply any support, approval, marketing or relationship of any kind between Openbank and the persons or entities that are the authors and/or managers of such content or the owners of the websites where the content is located.

Users who use a link or access a non-proprietary website do so intentionally and at their own risk. In this regard, Users undertake to exercise the utmost care and caution when accessing or using the content or services of websites they access through the aforementioned links.

Openbank does not recommend or guarantee any information obtained through a link, nor assumes responsibility for any losses, claims or damages arising from the use or misuse of a link or for the information obtained through such a link, including other links or websites, or for the disruption in the service or in the access, or for any attempt to use or misuse a link, whether in accessing the Website or in accessing the information on other websites from the Website.

3.3 Third-party information

The Website’s content includes a compilation of third-party content on several areas of interest at national and international level, including the economy, the financial sector, taxes, responsible banking and digitalisation. The provision of third-party content is only for general information purposes and does not constitute a recommendation or request to buy or sell any product or service.

4. Intellectual and industrial property

The Website is the property of Openbank.

The intellectual and industrial property rights and the operation and reproduction rights with respect to the Website, its pages, screens, the information contained therein, its appearance, structure and design, source code, audio files and software, and the hyperlinks (if any) from it to other websites of any company belonging to any Santander Group company are the property of, or have been assigned or licensed to, Openbank or the Santander Group companies, unless specified otherwise.

All names, designs or logos that make up this page are duly registered trademarks. Any improper use by persons other than the legitimate owner thereof may be prosecuted in accordance with current legislation. Third-party trademarks and intellectual property rights are prominently displayed and shall be respected by all persons accessing the Website.

Content may be downloaded and any page of the Website may be copied or printed solely for personal, private use.

It hereby is prohibited to reproduce, publicise, distribute, assign or transmit, modify or delete the information, content or warnings on the Website without the prior written consent of Openbank.

5. Personal data protection

Openbank guarantees that it fully complies with the personal data protection regulations and, in particular, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter, the “GDPR”).

Access to and/or use of the Website will not entail access to or processing of the User’s personal data by Openbank save when the User mades an enquiry through the “Contact Us” section, in such case, Openbank will process the personal data of the User necessary to handle the enquiry. In cases in which Openbank may access or process personal data, it will make available to the Users the related data protection policy in each case, in compliance with the duty of information, so that Users may be aware of all the information concerning the processing of their personal data, pursuant to the GDPR. In such cases, in compliance with the prevailing legislation, Openbank will implement the appropriate technical and organisational measures to guarantee an adequate level of security, and to prevent the loss, misuse, alteration, unauthorised access and theft of any data provided by the User. Openbank also warrants that it will comply with the duty of secrecy and confidentiality regarding the personal data provided by the User on the Website.

For further information, please consult the Data Protection Policy

6. Applicable legislation and jurisdiction

These general conditions will be governed by Spanish legislation. Openbank and the User submit to the jurisdiction of the Courts and Tribunals of the city of Madrid for any matters that may occur or actions that may be carried out arising from the services and content of the Website, as well as regarding the interpretation or application of, or the compliance or non-compliance with, the provisions of these general conditions.

© Zinia by Open Bank, S.A. All rights reserved