The terms and conditions set forth below govern the access and use of the CaixaBank application (hereinafter, the “Application” or the “App”), as well as the conditions under which the respective licence for use (hereinafter, the “licence” or the “licence for use”) is granted. The current draft of said terms and conditions has been made available to the user (hereinafter, the “User”) and must be read and accepted when downloading and installing the Application.

As the owner of the Application and holder of all its corresponding exploitation rights, CAIXABANK, S.A. (hereinafter, “CaixaBank”) has the ability to license this Application to users.

1. Conditions governing access to the Application.

Users can access the Application through CaixaBank's online CaixaMovil store or through any other distributor authorised by CaixaBank. Under no circumstances will any licence or download through unauthorised third parties be valid.

2. Licence for Use. Intellectual property.

By accepting these Conditions, CaixaBank grants the User a licence for use so that they can install the Application on their mobile device (mobile phone, tablet, etc.) and use the Application solely for the purpose of accessing the different services provided by CaixaBank or CaixaBank group companies.

CaixaBank holds the intellectual and industrial property rights over the Application, including its graphic design, content and databases, either because they are its property or because it holds the necessary licences.

The licence is limited and non-exclusive, and under no circumstances may the User:

a) Assign, sublicense, lease, distribute or grant rights of any kind to third parties on the licence they were granted.
b) Perform or permit modification, translation, decompiling or reverse engineering of any kind.
c) Delete, obscure or alter any copyright or other intellectual property notices found on the Application.
d) Use the Application for commercial purposes different from the services offered by CaixaBank or its Group companies.

CaixaBank reserves the right to make any necessary modifications and improvements to the Application, in which case it will give Users access to the updates that it deems appropriate at any given time. Users are advised to keep the application updated.

3. Brands and trade names.

Users are forbidden from using the brands, trade names, domain names or any other distinguishing mark belonging to CaixaBank found in the Application, including the name itself and identifying graphic.

4. Geolocalització.

It is possible that the Application has geolocation features, or has been adapted for their use, in order to be able to offer the services found on it. Therefore, in order to take advantage of such services, you will need to have the geolocation feature activated on your mobile device.

You can find detailed information on the processing of your geolocation data in the PERSONAL DATA PROCESSING AND PRIVACY POLICY / Information on geolocation data processing, found in these terms and conditions.

5. Conditions of use of the Application and conditions of use of the services found on the Application.

The conditions of use of the Application will govern the use thereof, notwithstanding the conditions to which all services offered by CaixaBank or CaixaBank Group companies are subject. These services can be accessed by Users through the Application, and they will be governed by the contracts signed between the User, as a customer, and CaixaBank or CaixaBank Group companies, where applicable.

In some cases, the User will only be able to access the services by means of the corresponding passwords provided by CaixaBank at the time of singing up for the services. Accordingly, access to such services, without prejudice to the fact that access is performed exclusively through the Application, will be subject to the contracts signed between the User and the owner of the Service.

Use of the Application requires compatible devices and Internet access, as well as certain software or operating systems that are compatible with the Application. The Application may require that your software or operating system be updated for proper performance.

CaixaBank guarantees the security of the Application with respect to the services that may be accessed on it. As for the passwords to access the Services, Users are solely responsible for their safe custody, including when using and entering them in the Application. Likewise, Users are solely responsible for the security, use and safe custody of the mobile device on which they download the Application.

6. Liability.

The Application is provided in its current state of development and with the functionalities available at any given time, which are always suitable for the services offered on it. Accordingly, CaixaBank solely and exclusively guarantees that the Application will be suitable for the services offered and for the platform or operating system for which it was developed.

Under no circumstances does CaixaBank guarantee the availability of any services that may be offered on the Application, insofar as their access depends on circumstances beyond the control of the company and the Application itself, such as the availability or proper functioning of the terminal on which it is installed or of telecommunications networks. CaixaBank will in no event be liable for damages of any nature caused by a lack of availability, accessibility or operation of the services when due to the reasons listed above.

CaixaBank does not commit to updating or ensuring continuity of the Application. In this sense, CaixaBank may substitute it or simply cease to provide it without any obligation or responsibility to the Users.

7. Modification.

CaixaBank may modify the present Conditions at any time, without giving prior notice or notifying the User.

The user will be able to see and accept the new conditions on the app. If you do not agree, you can uninstall the application.

These Terms of Use and Licence are governed by Spanish law.

PERSONAL DATA PROCESSING AND PRIVACY POLICY

Basic information on personal data processing

Data controller
CaixaBank, with Tax ID A08663619 and registered offices at Calle Pintor Sorolla, 2-4 Valencia.

Joint data controllers
For certain activities, CaixaBank, S.A. and CaixaBank group companies will process your data jointly.
You will find the list of the companies that process your data, as well as the essential aspects of the joint processing agreements, at www.caixabank.es/empresasgrupo.

Data processing

Processing based on consent

• When analysing your data in order to create profiles that help us to offer you products that we think will be of interest to you.
• When communicating the commercial offer of products and services of the CaixaBank Group through the channels of your choice.
• When transferring your data to companies that do not form part of the CaixaBank Group.
• When using biometrics to identify you as a customer and to sign documentation.
• When applying personal conditions in joint contracts.

This processing will be carried out only when you have given us your consent to do so

You can consult and manage your consents at any time in the Application under Settings > My Profile.

Processing necessary for the execution of contractual relationships in order to formalise and maintain the contractual relationships we enter into.

Processing necessary for compliance with legal obligations in order to adopt the measures required by the regulations applicable to the business activity of the CaixaBank Group.

Processing based on the legitimate interest of CaixaBank, provided that such interests are not overridden by your interests or your fundamental rights and freedoms.

Exercising rights and submitting claims.

You can exercise your rights of access, rectification, opposition, erasure, limitation or data portability and withdraw your consent or choose not to be subject to automated decision-making in accordance with the law.
You can exercise these rights through the following channels:
- At CaixaBank offices open to the public.
- Using the options enabled in your digital banking account and in this application under Settings > My Profile.
- At the email address: www.caixabank.com/ejerciciodederechos 
- By writing to the address: Apartado de Correos n. 209, 46080, Valencia.

In addition, if you have any claims arising from the processing of your data, you can address them to the Spanish Data Protection Agency. (www.agpd.es)

Detailed information on how we process your personal data

Full details of how we will use your data can be found in our Privacy Policy, which you can access at any time at www.caixabank.com/politicaprivacidad.

Likewise, if you wish, you can request a physical copy of this information at any of our branches.

Information on geolocation data processing

Geolocation information is captured at the time the user logs in to the Application, provided that the user has geolocation enabled on their device.

The information captured reflects the geographic location of the device that is using the Application.

Geolocation is collected by the device only if said feature is enabled on the device and can be configured at any time by accessing Settings > Geolocation.
This Application uses geolocation data on mobile devices for the following purposes:

• Processing based on your consent

Only if you have given us your consent to process your data for the following purposes:

○ to analyse your data in order to create profiles that help us to offer you products that we think will be of interest to you.
○ to communicate the commercial offer of products and services of the CaixaBank Group through the channels of your choice.

we will use the geolocation data (as well as other data belonging to you) to configure or design an offer of products and services tailored to your characteristics as a customer and to provide the commercial offer of products and services of the CaixaBank Group.

You can consult and manage your consents at any time in the Application under Settings > My Profile – Commercial Authorisations.

• Processing necessary for the execution of contractual relationships

If you wish to use the branch finder functionality, you must activate geolocation on your device; we will use the geolocation data to show you the branches nearest the device.

• Processing based on the legitimate interest of CaixaBank (combating fraud)

We will use geolocation data to detect and prevent potential fraud in the operations of customers and our systems (e.g., cases of impersonation or identity theft in fund transfer operations) or to review and analyse purchases and operations carried out in our systems to protect our customers from fraud in electronic channels and prevent cyberattacks.

Information on the use of elements that collect browsing data and browsing habits.

Through the use of an SDK (Software Development Kit), this Application collects and processes information about users’ browsing (e.g., error-free browsing, usage statistics, screens and/or pages visited, type of device used) in order to offer certain functionalities (updates to the application and its functionalities or prevention of fraud in operations) and to show you content according to your preferences and browsing habits, both inside and outside the Application.

To offer you said content in accordance with your preferences, profiles are developed based on your browsing data. These profiles may be shared with third parties (e.g., Google or Facebook) so that CaixaBank products and services can be offered to you outside the Application.

Only if you have given us your consent to process your data for the following purposes:

○ to analyse your data in order to create profiles that help us to offer you products that we think will be of interest to you.
○ to communicate the commercial offer of products and services of the CaixaBank Group through the channels of your choice.

we will use browsing data (as well as other data belonging to you) to configure or design an offer of products and services tailored to your preferences and browsing habits and to provide the commercial offer of products and services of the CaixaBank Group.

You can consult and manage your consents at any time under Settings > My Profile – Commercial Authorisations.

Information on access to resources or device features

Some Application functionalities may ask for your permission to access specific device features. For example:

- If you want to upload a picture to My Profile, the Application will ask for permission to access the Camera or the device's files (Storage).
- When you make a mobile money transfer using the Bizum service, the Application will ask for permission to access your Contacts.
- To speak to Noa, our virtual assistant, the Application will ask for permission to access the microphone.

The Application will display a notification asking for permission to use a certain feature on the device. You can Allow or Deny permission, although the functionality may not be able to work properly without permission to access the requested feature.

Remember that you can always check the permissions the Application has been granted, as well as manage and modify said permissions, under the Settings menu on your device.

Information on foreground and background data processing

The Application processes personal data in the foreground whenever the application is active.

The Application processes background geolocation data only if the user has permanently authorised the Application to access the geolocation data.

Security measures implemented by CaixaBank

CaixaBank has adopted the necessary technical measures to maintain the security standards required by the regulations on personal data protection.

© CaixaBank, S.A. July 2024