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Legal Notice

 

Legal Notice

BANCO BILBAO VIZCAYA ARGENTARIA, S.A. (“BBVA”) hereby provides users (the “User” or the “Users”) of this website www.bbvaopenmind.com (the “Website”) with the following general information in accordance with article 10 of Law 34/2002 of July 11, on Information Society Services and E-Commerce (the “LSSI”):

Corporate name: BANCO BILBAO VIZCAYA ARGENTARIA, S.A.

Tax ID: A-48265169

Registered office: Plaza de San Nicolás, 4, 48005 Bilbao (Vizcaya)

Registration in the Companies Register: BBVA is registered in the Vizcaya Companies Register in Volume 2083, Folio 1, Sheet BI-17A, entry 1.

Contact email address: For any queries, the user can contact OpenMind Team at the email address openmind@bbva.com

Terms of Use

Below are the terms and conditions of use for the Website (the “Terms of use”), which Users must comply with at all times.

Acceptance of the Terms of Use

These Terms of Use regulate use of the Website that BBVA makes available to the Users.

The Terms of Use along with the Legal Notice, Personal Data Processing Policy and Cookies Policy together constitute the terms and conditions that govern access and use of the public part of the Website (the “Website Terms and Conditions”). Users gain access to the private area of the Website upon accepting this terms of use.

Access to and use of the Website by the User implies the User’s full acceptance of the Terms and Conditions for the Website and obligation to fully comply with them. Therefore, the User must carefully read these Terms of Use, as well as the rest of the Terms and Conditions for the Website on each occasion he or she intends to use the Website, since these may undergo modifications, with the User being notified about these at the time of the new access. BBVA reserves the right to update, modify or remove these Website Terms and Conditions.

Website Terms of Use

The User is obligated to make proper use of the Website, with proper use understood to mean that the User conforms with legislation in effect, good faith, and public order. The User also agrees not to use the Website for fraudulent purposes, and not to engage in any conduct that could damage the image, interests, or rights of BBVA or of any third parties. Likewise, the User also agrees to refrain from any action that has the intention of damaging or overloading the Website or making it otherwise unusable, or that in any way impedes the normal use and operation of the Website.

The User is hereby informed that, in the case of non-compliance with any of the obligations derived from the Terms and Conditions for the Website or from any of the other individual terms or conditions found at the Website, BBVA reserves the right to limit, suspend, or terminate the User’s access to the Website, adopting any technical measures that may be necessary for this purpose. BBVA also reserves the right to take such measures if it has reasonable grounds to believe that the User is infringing any of the terms found in the Terms and Conditions of the Website or any other particular terms and conditions found on the Website.

BBVA reserves the right to update, modify, or delete the information contained on the Website, including the contents and/or services integrated into it, and may limit or disallow access to such information at any time and without prior notice. In particular, BBVA reserves the right to delete, limit, or prevent access to the Website when technical difficulties arise due to events or circumstances beyond BBVA’s control, and which, in the judgment of BBVA, may lower or cancel the security levels or standards adopted for the adequate operation of said Website. For such purposes, BBVA reserves the right to decide at any time whether to continue to provide the information society services that it offers through the Website.

Website content

Intellectual and industrial property rights for the Website, including the structure, selection and availability of its contents, the sui generis right to the underlying databases, the graphic design and User interface of the Website (look & feel), the underlying computer programs (including source and object codes), and the different elements that make up the Website (text, graphics, photographs, videos, sound recordings etc.) (the “Content”), correspond to BBVA or its licensors. BBVA or its licensors also own the rights to the distinctive signs included on the Website (brands and trademarks).

The User’s use of the Website does not imply the assignment of any intellectual and/or industrial property rights for the Website, the Contents and/or the distinctive BBVA signs. These Terms of Use therefore expressly prohibit Users from reproducing, transforming, distributing, publically communicating, making available, extracting and/or reusing the Website, its Contents and/or the distinctive BBVA signs or those of any third parties included on the Website, unless legally permitted or on prior authorization from BBVA. BBVA reserves the right to take any relevant legal action against Users who violate or infringe intellectual and/or industrial property rights.

It is also prohibited to reproduce, distribute and publish for commercial purposes – including the form in which it is made available – all or part of the Website’s Contents – especially in the case of summaries, reviews or press magazines (press-clippings) –, through any procedure or support, unless previously authorized by BBVA. Users must also refrain from deleting, altering, evading, or manipulating any protection device or security system installed on this Website.

BBVA grants authorization for non-exclusive and non-commercial use of the Website to Users who respect the Website’s Terms and Conditions, for the maximum period of validity of the intellectual and industrial property rights as established in the applicable legislation (except in cases where access to the Website has been suspended for justifiable cause), so that Users can use the Website in accordance with the Website’s Terms and Conditions.

BBVA also declares as follows:

  • The information contained on the Website is for informational purposes only. It does not provide any type of recommendation, nor may it be considered in any case as legal, tax, financial, investment or technical advice, nor an offer or guarantee on the part of BBVA; nor may it be understood as a recommendation to perform transactions, nor represent the grounds for making a decision in a certain direction. BBVA is not liable for such use of the information contained on the Website, and it must specifically be understood that said information, according to the regulations in effect in Spain, is not targeted at any Users acting under jurisdictions of other states requiring compliance with other requirements for the provision, disclosure or advertising of this type of information.
  • The information provided by BBVA on the Website does not represent a technical opinion by BBVA.
  • BBVA is not responsible for whether the information contained on the Website meets the User’s expectations. BBVA is not responsible for the truth, accuracy, sufficiency, integrity, or updating of information it has not produced itself and for which another source is indicated. BBVA also does not accept liability for opinions or comments that may appear on the Website, since they may have been produced by the Users acting as private individuals or may come from the sources indicated.
  • BBVA reserves the right to update, modify, or delete the information contained on the Website under the terms indicated previously, and accepts no commitment to provide notification of changes or modify the contents.

The User RECOGNIZES AND ACCEPTS the statements made by BBVA above, and additionally, GUARANTEES compliance with all regulations applicable to Users of this Website.

Website users that contribute to its content by posting messages, comments and opinions among other content must not breach the regulations in force or the rights of third parties, including intellectual and industrial property rights, image rights, the right to honor and the right to privacy. BBVA reserves the right to omit or remove any contributions in breach of this obligation from the Website. Additionally, by accessing the Website, users are granting BBVA a free, non-exclusive license over the aforementioned contributions up to the maximum legal period. This worldwide license may be sublicensed to others and transmitted in a sufficient range of means given the Website’s characteristics and the dissemination purposes of the initiatives it falls under.

Links policy

Establishing links with the Website

Links to the Website may only be established under the following terms:

  • The link shall only link to the website’s home page.
  • The link may not consist of frames that allow the Website to be viewed via Internet addresses other than those of the Website, or that in any other way display information from the website together with information from other websites.
  • The website that contains the link (the “Linking Site”) must not contain any type of false, inaccurate, or incorrect statements about the Website and/or BBVA.
  • Under no circumstance does the authorization granted by BBVA mean that: (i) BBVA sponsors, collaborates with, verifies, or oversees the content and/or services provided via the Linking Site; or (ii) that BBVA is in any way responsible for the contents of the Linking Site.
  • The Linking Site must faithfully comply with the Law, and may not in any case host content (whether its own or that of third parties) that: (i) is illegal, damaging to the rights of third parties, harmful, insulting, violent, inappropriate, or that in any other way contravenes common decency and social norms (pornographic, racist, etc.); (ii) gives or could give the User the false impression that BBVA endorses, backs, adheres to, or in any other way supports the ideas, statements, or expressions of the issuer, whether legal or illegal; or (iii) is inappropriate or does not pertain to BBVA’s activities.

In the event that any of the aforementioned terms are breached, BBVA will take the appropriate legal measures.

Linked Sites

In order to help the User find further information, BBVA may include various technical linking devices that allow the User to access other websites (the “Linked Sites”). In these cases, BBVA may act as an intermediary service provider under the provisions of article 17 of the LSSI. According to the contents of the said law, BBVA will not be liable for the services and contents provided via the Linked Sites, unless it has effective knowledge of illegal content and has not deactivated the link with due diligence.

Under no circumstance does the existence of Linked Sites imply BBVA’s recommendation, promotion, identification, or conformity with the statements, contents, or services provided via the Linked Sites. As a result, BBVA does not accept liability for the contents of the Linked Sites, nor for their conditions of use or privacy policies. The User is solely responsible for verifying these and accepting them each time it accesses and uses such sites.

Reporting activities of an illegal or inappropriate nature

If the User or any other Internet User has knowledge that any type of information or content on the Website, or provided through it, is unlawful, harmful to the rights of third parties, damaging, degrading, violent, inappropriate, contrary to the provisions in these Terms of Use or otherwise contrary to common decency and social norms, they can contact BBVA indicating the following:

  • personal information of the communicant: name, address, telephone number and email address;
  • description of the details that reveal the unlawful or inappropriate nature of the content or information and the specific address at which it is available;
  • if third party rights such as intellectual and industrial property rights are infringed, the details of the owner of the infringed right must be provided when this person is not the communicant. Furthermore, documentation verifying ownership of the infringed rights must be provided, and as applicable, documentation verifying representation to act on behalf of the owner, when that owner is someone other than the person providing notification.

According to the provisions of the LSSI, BBVA receiving the notification provided for in this clause does not consist of actual knowledge of the activities and/or content indicated by the person providing the information when this is not known or obvious. In any case, BBVA reserves the right to suspend or remove the content that, although not unlawful, contravenes the regulations established in these Terms of Use, in each case weighing up the conflicting legal interests.

Responsibility of BBVA

The User must be aware that communications performed through open networks are exposed to a variety of threats and may not be considered as secure. It is the User’s responsibility to adopt the suitable technical measures to reasonably control these threats, including having updated malicious software detection systems (for viruses, Trojans, etc.), and have updated security patches for the corresponding browsers. For more information see the BBVA Security Policy or contact your Internet service provider which can provide you for solutions to meet your needs. Within the maximum scope permitted by the applicable legislation, BBVA waives liability for damages or losses caused to the User as a result of risks inherent to the media employed, as well as for those caused by vulnerabilities in the User’s systems and tools. Nor does BBVA guarantee the total security of its systems. Although it has implemented suitable security measures, it cannot totally rule out the existence of vulnerabilities, and as a result, the User must exercise caution when interacting with the Website.

In particular, BBVA will not be liable for:

  • Damage or loss of any type caused to the User’s computer equipment by viruses, worms, Trojan horses, or any other harmful element.
  • Damage or loss of any type caused to the User by malfunctions or disconnections in the telecommunication networks that lead to suspension, cancellation, or interruption of the Website’s services while they are being provided. In this respect, the User hereby recognizes that access to the Website requires services supplied by third parties that are beyond BBVA’s control (for example: telecom network operators, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to BBVA, which is not responsible for guaranteeing the availability of the service either.
  • Information from third parties in cases where BBVA is acting as an intermediary service provider in the sense defined by the LSSI, except in cases where there is effective knowledge of the information and it is not removed.

Nor will BBVA be liable for any damage or injury, whether direct or indirect, that the Users may suffer by improper use of this Website or its contents, and it makes no commitment to notify of changes or change its content.

Personal data protection

The rules related to the processing of Users’ personal data for the use of the Website are regulated in the Personal Data Policy document.

Use of Cookies

On this Website we use technology known as “cookies”. The Cookies Policy contains detailed information on how BBVA uses cookies in this website.

For further information, please see our Cookies Policy.

Applicable law

In accordance with article 3 of the LSSI, the laws of Spain will be those applicable to the information society services that BBVA provides through the Website. Therefore, Spanish legislation will be applicable to all legal issues that may involve this Website or any disputes between Users and BBVA involving this Website.