DEFINITIONS

Each capitalised term below has the meaning given in the definition provided in this article.

“Terms of Use”: refers to this page of legal disclaimers.
“Website”: refers to all content provided to the Users by La Banque Postale Asset Management, accessible via the portal www.labanquepostale-am.fr.
“US Person”: According to US federal law as set out in SEC Regulation S (Part 230 - 17 CFR 230.902), available at the following address: http://www.sec.gov/about/laws/secrulesregs.htm. This term covers the following situations:

(1) U.S. Person means:
(a) Any natural person resident in the United States;
(b) Any partnership or corporation organized or incorporated under the laws of the United States;
(c) Any estate of which any executor or administrator is a U.S. Person;
(d) Any trust of which any trustee is a U.S. Person; (e) Any agency or branch of a foreign entity located in the United States;
(f) Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. Person;
(g) Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and
(h) Any partnership or corporation if (i) Organized or incorporated under the laws of any foreign jurisdiction; and (ii) Formed by a U.S. Person principally for the purpose of investing in securities not registered under the Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in § 230.501(a)) who are not natural persons, estates or trusts.

(2) The following are not U.S. Persons:
(a) Any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. Person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States;
(b) Any estate of which any professional fiduciary acting as executor or administrator is a U.S. Person if (i) An executor or administrator of the estate who is not a U.S. Person has sole or shared investment discretion with respect to the assets of the estate; and (ii) The estate is governed by foreign law;
(c) Any trust of which any professional fiduciary acting as trustee is a U.S. Person, if a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets, and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. Person;
(d) An employee benefit plan established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country;
(e) Any agency or branch of a U.S. Person located outside the United States if (i) The agency or branch operates for valid business reasons; and (ii) The agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located; and
(f) The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans; and
(g) any partnership excluded from the definition of “U.S. Persons” based on the interpretations or positions of the SEC or its members.

“Users”: refers to any persons once they have gained access to the Website.


PURPOSE

This document constitutes the General Terms of Use of the Website. Its purpose is to define the terms and conditions under which the Website may be used by the Users. It is hereby stipulated that the use of the Website is subject to the observation of these General Terms of Use, as provided for in the following article.


AMENDMENTS

The General Terms of Use may be amended at any time by La Banque Postale Asset Management. In such case, the amended General Terms of Use take effect as soon as they are published online. We advise the Users to regularly read the General Terms of Use. The Users are deemed to have accepted the most recent version of the General Terms of Use each time they connect to the Website.


DISCLAIMER REGARDING THE INFORMATION CONTAINED ON THE WEBSITE

The purpose of this Website is to present the third-party asset management business conducted by La Banque Postale Asset Management to the general public, along with the main features of its products and services. The information appearing on this Website is provided for information purposes only. It can be amended at any time without notice by la Banque Postale Asset Management, particularly in the event of a change in the life of the company or the existence of the products for which La Banque Postale Asset Management provides no guarantee of longevity. The Users are hereby informed that the products and services presented on this Website may only be offered in the jurisdictions in which their sale and promotion are authorised. Consequently, access to the information and/or documents on the products and services offered on this Website may be limited or prohibited for legal or natural persons which, due to their nationality, residence, registered office/place of registration or any other reason arising from a foreign law requiring La Banque Postale Asset Management to comply with specific restrictions or obligations as to the sale and promotion of said products and services in the jurisdiction in question.
The content of the Website is exclusively intended for persons residing in France, insofar as the products and services presented herein have only been authorised for sale in French territory.
No information and/or document pertaining to the financial instruments presented on this website to any persons requesting them, if prohibited by the law applying to said persons due to their nationality, residence, registered office/place of registration or for any other reason.
Users are advised to ensure that they are legally authorised to connect to the Website in the country from which the connection is established and that nothing pertaining to their legal status prohibits them from accessing this Website and viewing its content.

In that respect, under no circumstances does the information contained on this Website constitute an offer of sale or a direct/indirect solicitation to subscribe for financial instruments and unit-linked vehicles in the case of life insurance products:

  • particularly in the United States, or
  •  by any US residents meeting the definition of US Persons, or
  •  citizens of certain countries, including in particular the United States.

We specifically draw your attention to the fact that, if you choose to make any investment in one of the products, you do so under your sole and exclusive responsibility. We advise you to inform yourself in detail before making any investment decision, and particularly to read the regulatory documents (KIIDs, prospectuses, annual/interim reports and portfolio composition) in force. These documents can be accessed in the “Documentation” section for each fund. We advise you to ready them carefully. Investing in mutual funds may present certain risks. Past performances are not a reliable indicator of future performances and investments carried out may increase or decrease, as the value of units or shares depend on the value of the portfolio securities. Consequently, investors are liable not to recover the initially invested amount and no income guarantee is provided.
Some information presented on the Website may come from third parties, and we therefore do not have complete control over such information. All information presented on the Website is provided for information or simulation purposes, to allow you to conduct your own analysis, and not as information intended to be used to perform a financial transaction.

La Banque Postale Asset Management makes every effort to ensure the accuracy of the information presented on this Website at the date of publication. This information is regularly updated. Its accuracy, reliability and completeness cannot, however, be guaranteed, and La Banque Postale Asset Management may not be held liable as to the use of the information provided, which has no binding value, by any natural or legal persons.

HYPERTEXT LINKS

The Website may contain links to websites published or hosted by third parties. La Banque Postale Asset Management has no control over these websites and therefore assumes no liability as to their availability, content, advertisements, products or services available or accessible from these websites, or their electronic security.


INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND BRAND

The content of this Website (including but not limited to company names, brands, logos, designs, slogans or in general any distinctive marks, texts, graphics, data, images, photographs, visuals, databases, figures, the Website itself and any of these items) is protected under intellectual property law. Any use and/or reproduction and/or representation of said company names, brands, logos, designs, slogans or in general any distinctive marks, texts, graphics, data, images, photographs, visuals, databases, figures, the Website itself and any of these items that can be viewed on the Website is strictly prohibited without the prior written authorisation of La Banque Postale Asset Management, and may qualify as infringement liable, under the terms of Article L. 335-2 of the French Intellectual Property Code, to three-year imprisonment and a fine of €300,000. Any copy, printout, reproduction, representation, adaptation, use, alteration, translation or distribution – in part or in whole – of the content of this Website by any means whatsoever is unlawful and may constitute an infringement, pursuant to Articles L.713-2 and L.713-3 of the French Intellectual Property Code – with the exception of private copies reserved solely for the private use of the copyist – and/or an act of unfair competition and/or act of parasitic competition, as defined by applicable laws or regulations. Pages and/or sections of the Website may, however, be repatriated or printed on paper only and strictly for your personal use, where you do not erase the disclaimers pertaining to copyright or intellectual property rights.
More specifically, the name “La Banque Postale Asset Management” and its associated logo constitute brands protected by La Banque Postale Group. Any reproduction or use of said brands without the express authorisation of La Banque Postale and La Banque Postale Asset Management is strictly prohibited. Any breach of these provisions exposes the perpetrator to the criminal and civil sanctions provided for by French law. The content of this Website is protected and notice of said protection appears on all pages of the Website by the following copyright: Copyright © La Banque Postale Asset Management 2019 - all rights reserved.


GUARANTEE

Use of the Website is not covered by any guarantee whatsoever. La Banque Postale Asset Management offers no express or implied guarantee as to the use of the Website by the Users, including in particular on the availability, advisability, timeliness, reliability and utility of the Website and its content. Similarly, La Banque Postale Asset Management does not guarantee that the content and services obtained by Users on the Website will meet their expectations, or that the content and services provided comply with all third-party laws or regulations.


LIMITED LIABILITY

The users hereby accept the Internet features and limits, and in particular acknowledge their awareness of the nature of the Internet network, specifically including its technical performances.

Under no circumstances may La Banque Postale Asset Management be held liable including but not limited to in the event of the modification, suspension or interruption of the Website.
Under no circumstances may La Banque Postale Asset Management be held liable for the reliability of data transmission, access times, or any restrictions of access to the Internet network or the networks connected thereto. Under no circumstances may La Banque Postale Asset Management be held liable in the event of the interruption of the networks used to access the Website, the complete or partial unavailability of the Website resulting in particular from the telecom operator, in the event of transmission errors or problems associated with transmission security, or in the event of any failure of receiver equipment or your telephone line. La Banque Postale Asset Management may be required to interrupt the Website for maintenance reasons. Such interruption will be announced via a disclaimer appearing on the home page, or by any other means. Any such interruption may under no circumstances incur the liability of La Banque Postale Asset Management and grants no entitlement to compensation of any kind.

La Banque Postale Asset Management assumes no liability for the use of the Website or its content. Accordingly, La Banque Postale Asset Management may under no circumstances be held liable for any direct or indirect damages arising in particular from any access to the Website by the Users or from the use of the Website and its content, or from any failure by the Website or its content to comply with any third-party regulations or laws.


SELECTION OF JOB APPLICATIONS

The act of answering a job offer on the Website offers no guarantee to the interested parties that their application will be selected, even if the applicants meet the qualifications for the job. The persons whose applications have been selected will be contacted by La Banque Postale Asset Management in order to schedule an appointment with the persons in charge of recruitment for the job in question. A recruitment may only be considered final upon completion of the recruitment procedures provided for by the policies in force at La Banque Postale Asset Management.
Furthermore, although the Website is updated regularly, it is not possible to guarantee that each job appearing on the Website is still available. It should also be noted that no binding relationship will be created between the applicant and La Banque Postale Asset Management by the submission of an application or, unless otherwise specified, by a subsequent exchange of correspondence via e-mail or post. In the event the applicant accepts a job offer from La Banque Postale Asset Management, the terms and conditions of employment will be exclusively set out in an employment contract governed by the laws in force. Under no circumstances may la Banque Postale Asset Management be held liable in the event the job is no longer available, or in the event the application is not selected. Decisions regarding solicited and unsolicited applications will be transmitted to the e-mail address indicated, where applicable, by the applicant. Otherwise, they will be transmitted to the postal address of the interested party. Interested parties who provide an e-mail address for the transmission of decisions regarding their application do so under their own responsibility. Under no circumstances may La Banque Postale Asset Management be held liable in the event the confidentiality of the address provided in the application is not assured, thus enabling third parties to intercept the decision, particularly in the event a business e-mail address is provided.

The information pertaining to the applicant is processed with due respect for confidentiality by the persons duly authorised by the Human Resources Division of La Banque Postale Asset Management, by any external recruitment firm whose services may be used by La Banque Postale Asset Management and by the IT service providers called upon to implement the Website, for the sole purpose of analysing the content of the CV submitted by the applicant and carrying out the recruitment process. No personal information is collected without the User’s knowledge or processed for unintended purposes.


COOKIES

La Banque Postale Asset Management stores data, i.e. cookies, on the www.labanquepostale-am.fr website.
For more information on the management and use of cookies, click here