ESTO ES EL V4
1. Who offers this application?
ImaginersGen S.A. is the entity that offers you the imagin application. Our registered office is in Barcelona, Carrer de l'Estany, 1-11 (08038) and our tax ID number (NIF) is A-61363339, and we are registered in the Barcelona Commercial Register, under Page B-167721, Volume 46754, Folio 101. We are a CaixaBank Group company.
2. What does this application offer you?
The imagin application provides the following features:
- Operational procurement and management of financial services arranged with imaginBank (CaixaBank, S.A.) and other financial services of CaixaBank Group. These products may be a current account, cards, loans, insurance, investment funds, etc.
- Access to proprietary products and services of ImaginersGen S.A. (a company of Grupo CaixaBank S.A., hereinafter, "imagin").
- Access to services marketed by third parties (e.g. leisure, travel, mobility, finance, etc.)
These features may have their own conditions and may sometimes be subject to a price. If you use features that are subject to a price, we will inform you in advance.
3. How do you access the application?
You can access the application by downloading it from the Apple Store or Google Play Store or via any other distributor, always with our prior authorization. In no case will licences or downloads via unauthorized third parties be valid.
Access to the application is for residents of Spain over 18 years of age. We reserve the right to suspend the use of the application in the event of detecting any fraud in the User's age.
To access the application, you must accept these terms and conditions and license. You can view them at any time in the Menu Settings/Legal Information/Terms and Conditions.
To use financial services, you must also sign certain contracts digitally. All contracts signed will be filed and will be accessible in the application inbox.
The application also includes a section in the settings menu where you can edit the details you have entered. In certain cases, especially once you have procured financial services, you may need to go to a branch in person to change some information.
4. Licence of use and intellectual property
imagin is the owner of the application. We hold all the rights of operation, intellectual and industrial property, graphic design, contents and databases that comprise it. Therefore, we have the capacity to give you a licence.
If you accept these terms and conditions, we grant you a licence to install the application on your phone and use it to access the different features that we offer you.
The licence is of a limited and non-exclusive nature, and you may not:
- Assign rights, sublicense, rent, distribute or grant rights of any type to third parties with respect to the licence granted;
- Carry out or allow any modification, translation, decompilation or perform any kind of reverse engineering;
- Delete, hide or alter any notification regarding the application's copyright or intellectual property;
- Use the application for commercial purposes other than those we offer you.
We may make any modifications and improvements necessary in the application. To do so, we will launch the updates we deem appropriate. We recommend that you keep the application updated.
5. What do you need to do to use the imagin application?
When you register as a user, we will ask you to create a password. Your password will be required so that you can log in to the application. It must be personal, and you cannot disclose it to anyone.
In the event that you procure financial services, it will be necessary for us to comply with certain legal security requirements (e.g. strong authentication). In this case, you must follow the instructions we ask you to follow in order to authorise certain transactions.
We can enter updates to improve the application. In certain cases, we may need to ask you to update it: i) to provide you with a secure service, ii) to comply with legal obligations, iii) to include other necessary enhancements. In such cases, we will let you know that you need to update the application in advance.
6. Responsibilities
It is our responsibility
- To ensure the application is secure and therefore does not contain malicious elements.
- To ensure the application works in a reasonable manner.
It is your responsibility:
- To keep your login credentials secret and secure. You must not disclose them to anyone or access the application via links.
- To change your passwords or let us know immediately if someone else knows them.
- To ensure that the device through which you access the application is secure (e.g. to have an antivirus installed) and that you have it under your control.
- To ensure that the networks through which you access the application are secure (e.g. you must not access the application through a public network).
- Not to make fraudulent use of the features we offer you.
7. How do we make the application available to you?
In its current state of development and with the features that it has at any given time, striving to make them suitable for the services we offer you.
We do not guarantee that the application will work uninterruptedly and without incident at all times. In the event that the service is interrupted due to any incident, we will make every reasonable effort to resolve it as soon as possible. We will also notify you in advance if we can foresee it, or immediately if we cannot.
Nor do we guarantee that you will be able to use the application for reasons beyond our control, for instance if the internet is not working or if your mobile phone is not compatible with the version of the application.
We make no commitment to continue to develop the application or to maintain its service indefinitely. We may replace or close it at any time without giving a reason. In the event that we wish to do so, we will give you at least one month's notice (or more if a law affecting our features requires it).
8. How do we communicate with you?
Through the application's communication inbox: You are required to check it on a regular basis.
9. What access data will we keep if you procure financial services?
When you download the application, we will retain your imaginBank User ID, as well as any preferences or features that you have saved in the device operating system (access via fingerprint or facial recognition). The purpose will be to provide you access for the operational management of your financial services procured with imaginBank.
10. Brands and trade names
The use of any trademarks, business names, domain names or any other distinctive sign of imagin contained in the application is strictly prohibited, including the name and image with which it is identified.
Any use of the trademarks, trade names, domain names or any other distinctive marks of third parties contained in the application is prohibited.
11. Geolocation
This application uses geolocation on mobile devices
- For security and fraud prevention purposes with respect to certain transactions performed by users of the app. Geolocation information is captured when you log in to the app, provided you have activated the location feature on your device. The information captured is the geographical location of the device that is using the app. Location data will be processed by imagin systems that manage fraud prevention and the security of our users' operations related to the features of the app. The processing of the location data for the indicated purposes is carried out on the basis of imagin's legitimate interest in the secure execution of features and in the security of its systems.
- For contractual execution purposes. In this case, when procuring a product or service involves the use of geolocation for the provision of the same, we will duly inform you of the relevant uses and purposes of this data.
- For commercial purposes; in the event of the use of geolocation for commercial purposes, imagin will inform you of the specific use and request your consent to its use.
12. Sharing the User status of the application with other users
When you authorize it, you will agree to us comparing your status as a User of the application with other Users.
In this case, when using features that require access to Contacts, an icon will be displayed next to those names of the application Users that have activated the application User status sharing button indicating status as a User.
Activation of this button will allow other Users to identify you as a User, but in no case will it prevent you from using a specific Feature.
13. Modification
We may modify these terms and conditions:
- At any time with 1 month’s notice.
- By asking you to accept them by displaying the new terms and conditions to you via the application once you download the update.
14. Which law applies to you?
Spanish law.
15. Procurement language
The application is available in Spanish, Catalan and English.
16. Personal data protection
16.1 The Data Controller for customers who have not opened a bank account
The Data Controller is ImaginersGen, S.A. with tax ID number (NIF) A-61363339 and registered address at Carrer de l'Estany 1-11 (08038).
Purpose
We ask you for your user ID, email and phone number so that we can give you access to the application, identify you and contact you.
We also perform the following processing of your data for which we do not need to ask for your consent:
- To sign, perform and maintain contractual relations
- To comply with our regulatory obligations
- To satisfy the following legitimate interests of imagin
You have all the information developed, together with the way in which to exercise your right to object, at the following link: https://www.imagin.com/politica-privacidad
16.2 The Data Controller for customers who have opened a bank account
The Data Controller is CaixaBank, with tax ID number (NIF) A08663619 and registered address at calle Pintor Sorolla, 2-4 Valencia. For certain processing activities, CaixaBank and certain CaixaBank Group companies will jointly process your data, jointly deciding on the purposes ("Why data is used") and the resources used ("how data is used"), and therefore they are joint data controllers.
You will find the list of CaixaBank Group companies and the essential aspects of the joint data controller agreements at:
Purpose
We ask you for your contact details, email and mobile number, so we can identify you and contact you. You can also use these channels to sign your new contracts and conduct transactions with your account.
We will also ask for your consent to personalise the products and services offered based on an analysis of your data, to inform you of these products and services through channels, to transfer your data to other companies, so they can send you commercial offers, and to verify your economic activity in order to comply with anti-money laundering and terrorist funding regulations.
Below, we also inform you of the processing of your data for which we do not need to seek your consent. You will find detailed information by clicking on the links:
- To sign, perform and maintain contractual relations. (https://www.caixabank.es/particular/general/politica-privacidad.html#62)
- To comply with our regulatory obligations (http://www.caixabank.es/privacidad/informaciondetalladaejecucioncontractual)
- To satisfy the following legitimate interests of CaixaBank (http://www.caixabank.es/privacidad/informaciondetalladaejecucioncontractual)
- How to exercise the right of opposition (http://www.caixabank.es/privacidad/ejercicioderechooposicion)
Other information about processing your application data
The act of applying for a CaixaBank product or service means that we will save the data you provide us in order to manage said application and so that you can complete it for a period of 60 days. To this end, we will send you notifications about any outstanding applications via the electronic methods of contact you have provided.
If you do not complete the application, your data will stop being processed 60 days from the start of the application, and it will be deleted. CaixaBank will keep it (as stated in the regulation) during the applicable limitation period, for the sole purpose of fulfilling the legal obligations required of it, and for the formulation, exercise or defence of claims.
Rights and complaints
By clicking on the Exercise of Rights link you have all the information to access, rectify, and delete your data, as well as exercising other rights and filing a claim with the Spanish Data Protection Agency: http://www.caixabank.es/privacidad/informaciondetalladaintereslegitimo
Further information
You can find further information about how we process your data in our Privacy Policy. http://www.caixabank.com/privacidad
17. Right of withdrawal
We will explain the right to withdraw from the products and services in each of the contracts or specific terms and conditions that you sign.