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Digital solution with Baloise Vie Luxembourg
Legal Notices
General information about Swissquote Bank Europe S.A. (the distributor):
Swissquote Bank Europe S.A. (hereinafter the “Insurance Agency” or “Swissquote”) is a banking institution and an Insurance Agency, incorporated as a Luxembourg public limited company, registered in the Luxembourg Trade and Companies Register under number B78729.
The Insurance Agency is registered in the register of insurance intermediaries of the Commissariat aux Assurances (the “CAA”) under registration number 2014AC005. Its registration can be verified on the website of the Commissariat aux Assurances at the following address: http://www.caa.lu/fr/operateurs/intermediaires/agences-d-assurances.
It is subject to value added tax (no. LU185 384 86).
The head office of the Insurance Agency is located at 2, Rue Edward Steichen, 2958 Neudorf-Weimershof Luxembourg.
The Insurance Agency carries out its insurance distribution activities under the supervision of the CAA – the Luxembourg supervisory authority for the insurance sector – established at 11, rue Robert Stumper, L-2557 Luxembourg.
The Insurance Agency may operate under the regime of freedom to provide services on French territory. This right can be consulted on the Orias website (www.orias.fr).
The Insurance Agency is bound by an exclusive agency agreement with Baloise Vie Luxembourg S.A., an insurance company (the “Company”) whose registered office is located at 8, rue du Château d'Eau, L-3364 Leudelange (Grand Duchy of Luxembourg). The Company is a Luxembourg public limited company registered in the Luxembourg Trade and Companies Register under number B 54 686. It is subject to the supervision of the CAA. The Company is authorised to operate in France under the regime of freedom to provide services.
The Insurance Agency acts as an agent of Baloise Vie Luxembourg S.A.
The Insurance Agency acts through agents who are natural persons approved by the CAA and registered in the CAA's register of insurance intermediaries. Their registration can be checked on the CAA website at the following address: https://www.caa.lu/fr/operateurs/intermediaires/agent-d-assurances?l=s.
The agents who are natural persons (hereinafter the “Agent”) of the Insurance Agency are the persons designated below:
Last name: Champion
First name: Sébastien
Registration number: 2018AG044
General information about Baloise Vie Luxembourg S.A. (the author of the Contract):
The Company is a Luxembourg insurance company approved to carry out life insurance transactions in the Grand Duchy of Luxembourg and in France under the regime of freedom to provide services pursuant to the directives of the European Union.
The Company is subject to the Luxembourg laws and regulations applicable to the insurance sector (in particular the amended Act of 7 December 2015 on the Insurance Sector).
It operates under the prudential supervision of the CAA, whose contact details are as follows:
Commissariat aux Assurances
11 Rue Robert Stumper,
L-2557 Luxembourg
Grand-Duché de Luxembourg
Contact details and other information concerning the Company:
Baloise Vie Luxembourg S.A.
Siège social : 8, rue du Château d’Eau,
L-3364 Leudelange
Telephone ( +352) 290 190 - 1
Email : middleoffice@baloise.lu
Description of the life insurance contract:
The “ProFolio” life insurance contract (hereinafter the “Contract”) is a Contract whose rights are expressed in units of account. The amounts invested in the unit-linked funds are not guaranteed but are subject to upward or downward fluctuations depending in particular on the evolution of the financial markets.
The Contract does not allow participation in the profits made by the Company and includes a redemption option.
The Contract provides at its term the payment of a capital sum in the event of life and the payment of a capital sum in the event of the death of the insured before the term of the Contract to the designated beneficiary(ies).
The Contract is provided in French only.
The contract is backed by a specialised insurance fund (hereinafter the “SIF”). The SIF is a specific category of internal funds, with or without direct lines, but not including a performance guarantee, which serves as an investment vehicle for a single Contract through which the subscriber chooses each asset either when investing the initial premium or a subsequent premium, or during an arbitrage.
The subscriber assumes full responsibility for their choice of assets that make up the SIF as well as all the consequences that may result from it. The Company's liability is excluded in this respect.
The investment rules for Luxembourg life insurance products linked to SIF are mainly set out in the CAA’s Circular Letter 15/3 which provides the investment rules and limits applicable to this type of fund (hereinafter the “Circular Letter 15/3”).
In addition, any request for allocation and/or modification of assets must also comply with:
• the investor/risk profile of the subscriber; and
• the investment limits applicable to the underlying assets, the details of which appear in the SIF investment universe proposal or any other similar, stricter document validated by the Company.
All investments made in assets not included in the SIF investment universe proposal (or any other similar, stricter document validated by the Company) are prohibited (e.g. commodities, precious metals, works of art, etc.).
It is important to note that the SIF without advice distributed by the Insurance Agency is reserved solely for type C and D investors (with regard to Circular Letter 15/3) with a dynamic or offensive risk profile, investing a premium of at least EUR 500,000. In addition, only subscribers considered to be qualified investors will be able to subscribe to this SIF offer without advice. To be considered a qualified investor, the subscriber must meet one of the following alternative conditions:
a) Satisfy at least two of the three criteria listed below:
i. they have carried out at least ten transactions (of a significant size) per quarter on average over the previous four quarters on the financial markets in which the investment funds to which their Contract is linked invest or will invest. A transaction is of significant size when it is for an amount greater than EUR 600.
ii. la valeur de son portefeuille d’instruments financiers défini comme comprenant les dépôts bancaires et les instruments financiers, dépasse 500 000 EUR ;
ii. the value of their portfolio of financial instruments, defined as including bank deposits and financial instruments, exceeds EUR 500,000;
iii. they have held for at least one year, in the financial sector, a professional position requiring knowledge of the transactions or services envisaged in their Contract.
Or
b) Satisfy the eligibility conditions to invest directly in the underlying assets making up the investment portfolio of the SIF.
This SIF offer without advice implies that the Insurance Agency does not provide investment advice on the investments housed in the SIF backed to the Contract.
Swissquote will also act as the custodian bank of the Contract and will be responsible for:
• holding the assets representing the technical provisions in accordance with Luxembourg regulations and the “Triangle of Security”; and
• executing orders transmitted directly by the Contract subscriber on the SIF via the online platform.
For more information, we invite you to consult the general and specific conditions of the “ProFolio” life insurance contract.
Description of the subscription process:
The subscription to the Contract will be carried out remotely, i.e. without the simultaneous physical presence of the Agent and the consumer, by the exclusive use of one or more remote communication techniques until the conclusion of the Contract.
The first step will consist of collecting your personal data for the purpose of verifying your eligibility to subscribe to the Contract, in particular with regard to your tax residence, the amount of the premium, your needs and your risk profile/investment strategy.
To this end, a suitability test will be carried out by the Agent, in order to establish a risk profile and verify that you are indeed eligible for the Contract.
If you are eligible, an email will be sent to you asking you to open a Swissquote bank account if you are not yet a banking client.
The Agent will contact you if you agree in order to exercise their duty to advise on insurance and to collect in particular your objectives and your investment horizon.
The latter will also explain the characteristics of the Contract and the associated risks. The Agent will reconfirm the data entered with you, and you will have the opportunity to correct it.
A certificate of adequacy will be given to you by the Agent, which will indicate your risk profile and whether you are eligible for the Contract. The pre-contractual and contractual documentation will also be sent to you so that you can become aware of the risks in particular before committing yourself.
The Contract is subscribed exclusively by means of the Company's advanced electronic signature.
Once concluded, the Contract will be archived in your Swissquote personal space and will be available for consultation at any time.
Description of the complaints procedure:
If the subscriber resides in France, the complaints handling procedure is as follows:
You may address any complaints regarding the Contract to the Company by:
• mail for the attention of “Service Réclamations” of Baloise Vie Luxembourg S.A., 8 rue du Château d'Eau, L-3364 Leudelange (Grand Duchy of Luxembourg); or
• email to the following address: qualite@baloise.lu; or
• via the Company's website: www.baloise-life.com
Any complaint from the subscriber must be acknowledged within 10 working days and processed within two months from the date the complaint was sent.
In the absence of a satisfactory response from the Company within the aforementioned period, you may submit a complaint by post to:
• la Médiation de l’Assurance TSA 50110 75441 Paris Cedex 09
Or
• l’Autorité de Contrôle Prudentiel et de Résolution (« ACPR ») :
4 Place de Budapest
CS 92459, 75436 Paris Cedex 09
Or
• Le Commissariat aux Assurances (organe prudentiel de contrôle, habilité à traiter les demandes de résolution extrajudiciaire de réclamations), selon les modalités figurant sur son site (http://www.caa.lu/fr/consommateurs/resolution-extrajudiciaire-des-litiges);
Or
• à l’Association des Compagnies d’Assurance (« ACA »), 12, rue Erasme, L–1468 Luxembourg- mediateur@aca.lu
Moreover, you also have the right to bring an action before the competent courts.
If the subscriber resides in Luxembourg, the complaints handling procedure is as follows:
You may address any complaints regarding the Contract to the Company by:
• mail for the attention of “Service Réclamations" of Baloise Vie Luxembourg S.A., 8 rue du Château d'Eau, L-3364 Leudelange (Grand Duchy of Luxembourg); or
• email to the following address: qualite@baloise.lu; or
• via the Company's website: www.baloise-life.com
Any complaint must be acknowledged within 10 working days and processed within one month from the date the complaint was received.
In the absence of a satisfactory response from the Company within the aforementioned period, or in the event of no response within 90 days, you may submit a complaint by post to:
• Le Commissariat aux Assurances (organe prudentiel de contrôle, habilité à traiter les demandes de résolution extrajudiciaire de réclamations), selon les modalités figurant sur son site (http://www.caa.lu/fr/consommateurs/resolution-extrajudiciaire-deslitiges);
Or
• L’Association des Compagnies d’Assurance (« ACA »), 12, rue Erasme, L–1468 Luxembourg- mediateur@aca.lu
Moreover, you also have the right to bring an action before the competent courts.
Data Protection Information:
Swissquote Bank Europe S.A., in its capacity as an Insurance Agency, acts as a subcontractor of Baloise Vie Luxembourg SA, 8 Rue du Château d’eau in L- 3364 Leudelange, which is responsible for processing personal data for the underwriting and management of insurance contracts.
All information relating to this processing is available on the following website:
https://www.baloise-life.com/dam/baloise-international-lu/PDF/telechargements/fr/Politique-en-matiere-de-vie-privee.pdf
You will find there the contact details of the insurer's data protection officer, the legal bases and purposes of the processing, the recipients of the data, its retention period, information on the various rights of the data subjects (access, rectification, limitation, opposition, erasure, portability, as well as the right to file a complaint).
Information on Swissquote Cookies:
SFDR related information:
Statement on sustainability-related disclosures in the financial services sector
In the context of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (hereinafter: the “SFDR Regulation”), the Company informs the subscriber of the following.
In view of its Article 6 (relating to the transparency of the integration of sustainability risks)
In view of its Article 6 (relating to the transparency of the integration of sustainability risks).
Baloise Vie Luxembourg S.A. offers insurance-based investment products that are linked to internal funds (collective, dedicated or specialised) that are managed by independent asset managers, or to external investment funds or by subscribers in the case of Specialised Insurance Funds (“SIF”).
Baloise Vie Luxembourg S.A. does not directly manage the assets of these dedicated internal or external funds linked to the insurance products it offers; therefore, Baloise Vie Luxembourg S.A. does not define how sustainability risks are integrated into the investment decision-making process.
Investment decisions are ultimately made either by:
- independent investment managers appointed by Baloise Vie Luxembourg S.A., - or by the external fund manager;
- or by the subscriber of the Contract in the case of Specialised Insurance Funds (SIF).
However, the possibility that the sustainability risk has a material negative effect, actual or potential, on the investment performance cannot be excluded under any circumstances. The sustainability impacts may vary depending on the specific risk of the underlying assets and the chosen investment strategy.
If sustainability risks materialise in an unforeseen manner, there may be a sudden material negative effect on the value of the investment.
SFDR Classification of the Contract distributed by the Insurance Agency
Financial products, including life insurance contracts, are classified into 3 distinct categories according to their level of sustainability:
• Article 6 financial products do not promote environmental and/or social characteristics, do not have a sustainable investment objective and do not meet the definition of Articles 8 and 9 of the SFDR Regulation;
• Article 8 financial products promote, among other things, environmental or social characteristics or a combination of these characteristics, provided that the companies in which the investments are made apply good governance practices;
• Article 9 financial products pursue a sustainable investment objective.When the financial product, such as your Contract, presents one or more underlying investment options (one or more investment funds or types of investment funds), it is the nature of these investment options that determines the classification of the product under the SFDR Regulation.
Swissquote Bank Europe S.A., acting as an Insurance Agency, will consider all of the information provided and will therefore integrate this information into the insurance advice provided to Subscribers.
Insurance-based investment products are linked to Specialised Insurance Funds (SIF) whose underlying assets are chosen directly by the subscribers. As a result, they are considered by the Company as Article 6 under the SFDR Regulation.
Therefore, your Contract distributed by the Insurance Agency is classified as Article 6 under the SFDR Regulation. Indeed, the latter does not promote environmental and/or social characteristics and does not have a sustainable investment goal within the meaning of the definition in Articles 8 and 9 of the SFDR Regulation.
Our conception of sustainability (Art. 3 SFDR)
Approach
In our approach towards sustainability, we attach great importance to the environment, and our goal is to achieve sustainable growth that benefits all of our stakeholders.
NWe strive to deliver sustainable value to society and demonstrate how we can apply environmental, social and governance (ESG) criteria in our strategic decisions and operations. For us, this means:
• We challenge convention through innovation and technological advancements, continually reinventing new, intuitive banking solutions to democratise financial markets and provide fair access to financial opportunities for all.
• We challenge convention through innovation and technological advancements, continually reinventing new, intuitive banking solutions to democratise financial markets and provide fair access to financial opportunities for all.
Sustainability reporting
The Swissquote Group is committed to creating sustainable value for its clients, investors, employees and other stakeholders. As part of our commitment to transparency, we have been publishing comprehensive, GRI-compliant non-financial information in our annual Sustainability Report since 2020: Rapports annuels sur la durabilité | Swissquote
No consideration of adverse impacts of investment decisions/insurance advice on sustainability factors (Article 4 SFDR)
At this time, Swissquote does not consider adverse impacts of investment decisions/insurance advice on sustainability factors with regard to Article 4 of the SFDR Regulation.
Remuneration (Article 5 SFDR)
The Bank has decided to apply the remuneration principles in a manner and to an extent appropriate to its size, internal organisation and the nature, scope and complexity of its activities.
Swissquote's remuneration policy aims to encourage the achievement of sustainable long-term growth and performance, to promote our vision and strategy and to foster the achievement of our sustainability objectives. The policy is designed to attract and retain qualified employees and to reward achievements and long-term goals. It is also developed taking into account the success and stage of development of the Group and to align the interests of the board of directors and senior management with the goals of the Group.
Total remuneration includes a significant variable component linked to key financial and non-financial performance criteria, including objectives related to ESG risks. Performance is judged not only on the results achieved during the period, but also on how they achieve the results.
Further information is provided in the Bank’s Pillar III Report available on our website: https://fr.swissquote.lu/support/forms-legal-documents
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A more detailed description of the approach: the Company’s application of the SFDR Regulation is published on the following website: https://www.baloise-life.com/lux/fr/fr/notre-societe/entreprise-responsable.html