Legal Notice and Terms of Use of this website
1. Purpose and general information
Open Bank, S.A. (hereinafter, "OPENBANK") with Spanish Tax ID no. A-28021079, registered at the Trade Registry of Madrid, Volume 5308, Folio 202, Sheet: M-87030, and at the Bank of Spain under registration number 0073, with registered office in Plaza de Santa Bárbara, nº 2, 28004, (Madrid), Spain, and contact email address ayuda@openbank.es. OPENBANK provides internet users with the website www.openbank.es (hereinafter, the "Portal" or the "Website"). This Website has been created by OPENBANK to inform both customers and non-customers about its financial products and services.
In the public section of the Website, both customer and non-customer Users can obtain information, apply for and take out products and services provided by OPENBANK.
In the private section of the Website, customers may carry out all of the transactions related to OPENBANK products and services, as well as those relating to their personal data and communications, both for information and marketing purposes. Access to and use of the Website is governed by these General Terms of Use, as well as by our Privacy Policy and Cookie Policy. Users have access to these documents via our Website and they acknowledge having been informed of the processing of personal data that takes place when using the Website.
Access to this Website is voluntary and without cost to users. Furthermore, those who access it are attributed the status of "User", accepting these General Terms of Use by their mere presence on the website, www.openbank.es, without prejudice to the specific terms that may be found therein and that take precedence over these terms. Therefore, they should be read carefully before carrying out any type of action.
2. Definitions
Website/Portal: website pages hosted under the domain www.openbank.es.
User: any individual or legal entity that accesses or makes direct or indirect use of the Website. Users are bound by their mere access to and use of this Website to these general terms of the use. Users shall include private users, companies, corporations, individuals or legal entities or any other entity (hereinafter referred to as "Persons") accessing it within or outside of Spain. OPENBANK, therefore, does not accept any liability for Persons accessing it in jurisdictions where such distribution or use may be contrary to its legislation or regulations.
Registered User: all Users duly registered on the website www.openbank.es.
Customer User: a Registered User who proceeds to take out or engage an OPENBANK product and/or service on the Website. To take out or engage a product or service, it will be imperative for the User to accept the contractual documentation applicable in each case.
Product or service: any type of product and/or service offered through the Website that a Registered User has the option of acquiring and/or using. The www.openbank.es website is free to access and visit for all internet users.
3. Registration on openbank.es
If, as a result of registration, the User is given a passcode to gain access, he or she undertakes to use it diligently and to keep it secret. The Registered User is solely responsible for the proper custody and strict confidentiality of any passcode, access data or any other element that is provided by OPENBANK, and undertakes not to transfer their use to third parties, whether temporarily or permanently.
The User will be responsible for any unlawful use of the services by illegitimate third parties using a passcode provided to the Registered User by OPENBANK. In addition, identification and authentication using a username and passcode means the Registered User is the owner of such username and passcode, and is solely responsible for the actions performed with and through access to the Website services.
It is the Registered User's strict obligation to immediately notify OPENBANK managers, by sending an email to ayuda@openbank.es, of any indication or event that allows or may allow misuse of passcodes and passwords, including, but not limited to, theft, loss or any other similar circumstance. If such events are not reliably reported in writing to OPENBANK under the aforementioned terms, OPENBANK shall be exempt of any liability that may arise from the improper, fraudulent, false or dishonest use of such passcodes and passwords.
4. Use of the service
Through the Website, OPENBANK makes its products, services, offers and promotions, etc., available to the User.
To enable the taking out or engagement of products and/or services offered on the Website, the User must previously read and accept the corresponding contractual terms and conditions applicable in each case.
5. Right of exclusion
OPENBANK reserves the right to withdraw or deny access to the Website, without prior notice, to those Users who do not comply with these General Terms of Use, or the specific terms indicated where appropriate.
6. Acquisition process
Process of taking out products and/or accessing services on the Website:
If Users who access the Website want to become a Customer-User for the first time, they must fill out the customer registration form of the product or service chosen, reliably identify themselves using the different alternatives offered by OPENBANK, electronically sign the required documentation and, once the electronic signing process has been completed, where applicable, attach the additional documentation required to become a customer.
If Users who access the Website are already Customer-Users or Registered-Users, they can access the private area of the Website by identifying themselves with their ID number (Spanish ID document, Foreigner’s ID document, Spanish passport or another foreign ID document) and their passcode. In the private area, Users will be able to see their products, carry out operations and transactions, and take out new products from the OPENBANK catalogue.
7. Products and services
Taking out, managing and/or marketing the following products:
- Deposit products: current accounts, savings accounts, payroll accounts and fixed-term deposits.
- Credit products: mortgages, loans and overdraft protection.
- Cards: debit, credit and prepaid cards.
- Investments: marketing products from third parties, such as investment funds, pension plans, insurance, shares, ETFs (traded funds), portfolio management services, crypto-assets, warrants and futures.
- Any other product offered by OPENBANK.
Operations relating to the following services:
- Bank statements, third parties and supporting documents, including tax information.
- Balances and transactions of any product or service.
- Personal details.
- Passcodes.
- Trading service related to investment product or services.
- Customer alerts and notifications service.
- Any other product offered by OPENBANK.
8. Use of the website openbank.es
In the event of access failures, OPENBANK will carry out all actions to correct them, but does not guarantee the absence of errors or the absolute and continuous availability of the Website, which may be affected by maintenance and improvement work. OPENBANK expressly does not accept any liability due to errors or omissions in the information contained in the pages of this Website.
OPENBANK, to the extent permitted in the current legislation, is not responsible for harm that may be suffered by Users as a result of their access to or use of the Website, nor for harm that may be caused to the User's computer equipment or the files or data stored therein as a result of a virus or any type of malware, nor for the improper use of the computing device of the user or accessing the Website with inappropriate tools.
Users are fully responsible for their conduct on accessing the information on the Website during and after their browsing.
Users agree not to use any of the content made available to them by OPENBANK, whether or not produced by OPENBANK or published under its name, to carry out activities that infringe the law, morality or public order. Those who access the Website must observe the applicable legislation and any codes of conduct and ethics that may be subscribed, and these general terms of use. According to these, they shall refrain from conduct that, without limitation, includes the following:
(a) contravene, denigrate or threaten fundamental rights and constitutionally recognised public freedom, in international treaties and other legal systems;
(b) induce, incite or promote criminal, denigratory, defamatory, dishonourable, or violent actions or generally those against the law, morals and generally accepted good practices or public order;
(c) induce, incite or promote discriminatory actions, attitudes or ideas on the basis of gender, race, religion, belief, age or condition;
(d) incorporate criminal, violent, pornographic or degrading messages, or generally those against the law, morals and generally accepted good practices or public order;
(e) induce or may induce an unacceptable state of anxiety or fear;
(f) induce or incite to engage in practices that are dangerous, risky or harmful for health and psychological balance;
(g) are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they may mislead about their subject or about the intentions or purposes of the communicating party;
(h) are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he or she intends to make;
(i) violate the business secrets of third parties.
(j) is contrary to the right to honour, personal and family privacy or the image of persons.
(k) infringes the rules on secrecy of communications.
(l) constitutes unlawful, misleading or unfair advertising and, in general, constitutes unfair competition.
(m) cause, because of its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the service or fails to meet the technical requirements or specifications established for access to the Website, or that in any way may damage, disable or deteriorate the Website or its services or prevent normal enjoyment by other Users. The User shall be liable for any harm that OPENBANK may suffer as a consequence of the breaching of any of the obligations herein.
OPENBANK reserves the right to update content when it deems necessary, as well as to delete, limit or prevent access to it, both temporarily or permanently. It also reserves the right to refuse access to the website to users who misuse the content and/or breach any of the terms and conditions in these terms of use, without giving rise to any right to compensation or restitution to the User denied access.
9. Links
On this Website, the User may find links to other websites that are controlled by third parties. OPENBANK does not have the power to control the content provided by other websites to which links are established on this Website. Therefore, OPENBANK does not assume any liability or responsibility for any aspect relating to these third-party websites to which it may be linked, nor does it guarantee that such links are free of viruses or other elements that may cause harm to the User's computer systems or files.
Any use of a link or access to a website that is not that of OPENBANK, shall be at the User's sole choice and risk. OPENBANK does not recommend or guarantee any information obtained by or through a link, nor is it liable for any losses, claims or damage arising from the use or misuse of a link, or of the information obtained through it, including other links or websites, for any interruption in the service or access, or for the attempt to use or misuse a link, both when accessing the website and when accessing information from other websites on this Website.
Furthermore, OPENBANK does not assume any liability or responsibility for the content of third-party websites that may have direct links to this Website or refer to it, including opinions on the website www.openbank.es that may mislead users of said websites about OPENBANK services.
10. Intellectual and industrial property
The entire Website is covered by national, EU and international legislation on copyright and intellectual property. The User acknowledges and accepts that all trademarks, trade names or distinctive signs, as well as all the intellectual and industrial property rights on the content and/or any other element on it are the exclusive property of OPENBANK and/or third parties, who have the exclusive right to use them. In no case shall access to the Website imply any type of waiver, transfer, license or transfer all or part of such rights, unless expressly stated otherwise. All reproduction rights are reserved, including iconographic and photographic representations. The reproduction of all or part of the content of this Website in any media is strictly prohibited without the express written authorisation of OPENBANK.
11. Applicable law and jurisdiction
These terms of use shall be governed by Spanish legislation and any dispute that may arise regarding their application, compliance or interpretation shall be brought or heard, with the express consent of both parties, in the courts and tribunals of Madrid or those applicable pursuant to the current legislation in each case.
12. Amendments to these General Terms of Use
OPENBANK reserves the right to make the amendments it deems necessary on the Website, as well as update the information contained therein, and the configuration, presentation and access conditions, without the need for prior notification. The General Terms of Use of the Website shall come into force on the date of their last update.
Access to or use of the Website following updates to these General Terms of Use is understood as acceptance of the updated version thereof. Users who do not accept these terms of use or their subsequent updates cannot access or use the Website.
These General Terms of Use can be downloaded in Spanish. To ensure greater transparency, we recommend that Users download and save a copy of them. Your website browser may generate a copy of this page in the cache so that when you access it again the pages displayed by your browser do not correspond to the most current ones, but rather to those stored in the cache. In order to avoid these problems, we recommend that you update the Website from the browser when accessing OPENBANK.
13. Data protection, Privacy Policy and Cookie Policy
By accessing and browsing the Website, the User acknowledges that OPENBANK, as the data controller, processes their personal data, which it has access to as a result of the installation of technical cookies. OPENBANK’s legitimate interest in processing the personal data is to ensure the proper functioning of the Website. In addition, OPENBANK may process other personal data provided by the User through the various channels enabled for this purpose in accordance with the details of the processing reported through each channel, as well as in accordance with the provisions of its Privacy Policy. The User must carefully read the Privacy Policy and the Cookie Policy in order to obtain further information about the different ways in which their personal data is processed, as well as the purposes of such processing, the legal basis for it, the rights to which they are entitled as a data subject, and how they may exercise those rights.
These General Terms of Use can be downloaded in Spanish here.