Regulatory Information

thanX by CaixaBank®, CaixaBank S.A., Morocco branch. 

CaixaBank S.A., Morocco branch is authorized by the Moroccan Central Bank "Bank Al-Maghrib", by Decision of the Governor of Bank Al-Maghrib No.16 of 20 Shawwal 1429 (October 20, 2008) and is subject to the provisions of Law 103-12 relating to credit institutions and similar bodies ("Law 103-12").

Information regarding the extent of our regulation by Bank Al-Maghrib and our resolution framework is available upon request.

CaixaBank is a trading name of CaixaBank, S.A.

CaixaBank S.A., Morocco Branch.

In Morocco, we provide services exclusively to corporate entities. We do not serve individual clients.

Our mission is to provide our clients with the highest possible quality of service. Our clients' opinion matters most to us. Your feedback allows us to continuously improve our level of customer service.

• How to file a complaint:

As a client, if you are dissatisfied with any aspect of the service received and wish to file a complaint, you may contact our team via e-mail at feedback@thanx.co.ma or through any other electronic channel notified on the thanX by CaixaBank® platform, CaixaBank S.A., Morocco branch.
You also have the option to submit a complaint to the Branch’s Client Complaints Department by completing the complaint form available on the CaixaBank S.A., Morocco Branch website (www.caixabank.ma) and sending it to the following address:
CaixaBank S.A., Morocco Branch
[Client Complaints Department]
179 Boulevard d'Anfa

Please provide as much information as possible regarding your complaint, specifically the following:

• A description of your complaint.
• Your account details.
• Your contact details.
• Your proposed resolution to the issue.
• Please attach copies of all supporting documentation in your possession.

There is no charge for filing a complaint.

• Next steps:

Once we have received your complaint, we will immediately send an acknowledgement of receipt and we will rule on the admissibility of the claim within 6 working days from the date it was filed.
Any complaint received on a non-business day, or after business hours, will be treated as if it had been received on the following business day.

We will endeavour to address your complaint as quickly as possible; our goal is to provide a response within 7 (seven) business days of sending our acknowledgement of receipt. However, this is not always possible, especially if your complaint is complex and requires more time.

If we are unable to respond within 7 (seven) working days, we will let you know and inform you of the progress of our research.

In any event, we will provide a final response within forty (40) business days from receipt of the complaint, in accordance with the provisions of Article 4 of Bank Al-Maghrib Governor's Circular No. 10/W/16 of June 10, 2016 regarding the procedures for handling customer complaints of credit institutions. In the event of exceptional circumstances leading to a delay, we will keep you informed and provide you with a revised timeframe for the processing of your complaint.

• How we will handle your complaint.

We will respond to your complaint as quickly and efficiently as possible. We will examine all relevant facts of your case based on the evidence available to us and will reach a fair and impartial decision. We aim to be as professional, diligent, and impartial as possible, and we will make every effort to ensure your complete satisfaction. We may need to ask you for further information regarding your complaint, in which case we will contact you or any other party who may be of assistance in this matter. Should we need to disclose your personal data to a third party for the purpose of investigating your complaint, we will first seek your consent.

Where applicable, we will take into account similarities with other complaints received and current regulations when reviewing your complaint.

• What is a final response?

A final response is our formal written reply outlining the findings of our investigation into your complaint and proposing any redress or remedial action we deem appropriate. If we reject your complaint, we will inform you of the reasons.

We are required to establish the identity of each client in accordance with applicable legislation on anti-money laundering, international sanctions, and the exchange of tax information.

In accordance with Law No. 43-05 of 28 Rabi I 1428 (April 17, 2007) on Anti-Money Laundering and pursuant to Circular No. 3/W/2019 of November 4, 2019, amending and supplementing Circular No. 5/W/2017 of July 24, 2017, regarding the vigilance obligations incumbent upon credit institutions, we may contact you to obtain further information to perform our due diligence process before entering into a contract with you, or at a later stage during the term of the agreement.

We may be unable to act on transactions with or for you, or otherwise deal with you, if doing so could, in our opinion, breach applicable national legislation and/or international rules applicable to the CaixaBank Group, particularly regarding Anti-Money Laundering.

Where we suspect money laundering, terrorist financing, other criminal activity or the application of international sanctions, we may be required to disclose information about you and your accounts to the competent authorities to the extent permitted by Moroccan law.

In accordance with the provisions of Law No. 27-18 enacting transitional measures relating to the automatic exchange of information for tax purposes, thanX by CaixaBank®, CaixaBank S.A., Morocco Branch may be required to disclose directly, spontaneously, and on a regular basis, to the competent authorities of countries with which the Kingdom of Morocco intends to enter into agreements allowing for the automatic exchange of information for tax purposes, all information relating to the income of taxable natural or legal persons, in accordance with the legislation in force in the country with which such an agreement is planned and whose legislation requires such exchange, in respect of income from movable capital, the balances of open accounts, the surrender value of bonds and capitalization contracts and investments of a similar nature, as well as all other income. .

In this context, we may be required to disclose information concerning you to the U.S. tax authorities under the U.S. Foreign Account Tax Compliance Act 2010, or to others under the Organisation for Economic Co-operation and Development Common Reporting Standard, or any other similar legislation. This information may be shared between tax authorities or other authorities on a global scale.

With respect to Sanctions, CaixaBank Group complies with all laws, regulations, resolutions, embargoes or restrictive measures relating to trade or economic sanctions (hereinafter the " Sanctions") administered, promulgated or imposed by: (i) the Kingdom of Morocco; (ii) the United States of America; (iii) the United Nations; (iv) the European Union or any present or future member state thereof; (v) the United Kingdom; or (vi) the respective governmental institutions and agencies of the foregoing, including without limitation, OFAC, the Moroccan Ministry of Economy and Finance, His Majesty's Treasury (collectively, the "Sanctioning Authorities").

ThanX by CaixaBank®, CaixaBank is prohibited from doing business with any person:

1. (a) listed on any Sanction List, owned (directly or indirectly) or controlled by a person listed or acting on behalf of a person included on such lists;
   (b) located in, incorporated, or organized under the laws of, or owned (directly or indirectly), controlled by, or acting on behalf of a person located in, incorporated, or organized under the laws of a country or territory that is, or whose government is, the target of country-wide or territory-wide Sanctions (including, but not limited to, Iran, North Korea, and Syria); or
   (c) target of Sanctions in any other way (hereinafter, "Sanctioned Persons").
2. owned or controlled by a Sanctioned Person;
3. acting directly or indirectly for or on behalf of a Sanctioned Person;
4. holding an interest in or controlling a Sanctioned Person;
5. incorporated, located, having its operational headquarters or resident in a country or territory, or whose government, is subject to Sanctions;
6. maintaining business relationships with, or conducting activities or business for or with, individuals from countries, territories or jurisdictions exposed to Sanctions;
7. using any part of the funds derived from a Contract with CaixaBank to receive or make funds available, directly or indirectly, to any Sanctioned Person or directing such funds to finance, directly or indirectly, activities or business with
   
   1. any Sanctioned Person,
   2. any territory or country which, at the time the funds or proceeds are used, is, or whose government is, exposed to Sanctions, or
   3. is otherwise in breach of the Sanctions.

However, transactions within or in connection with sanctioned jurisdictions—North Korea, Iran, or Syria—are prohibited. Transactions in Cuba may not be conducted in US dollars, nor have any nexus whatsoever with the United States, nor specifically involve US goods, unless such goods are not prohibited or are authorized under an OFAC general license.

We wish to emphasize that transactions within or in connection with the restricted jurisdictions mentioned in the preceding paragraph are conducted in accordance with the corresponding sanctions programs. All operations in these countries are considered high-risk, and are reviewed prior to execution.

All communications between us shall be conducted in English, French or Spanish.

You can download a copy of the Regulatory Information Guide and the Pricing Guide for the main banking operations from our website www.thanx.co.ma

We belong to CaixaBank, S.A., headquartered in Spain. In the event of financial default, depositors may, depending on their situation, be covered by the Spanish Deposit Guarantee Fund (Fondo de Garantía de Depósitos).

This means that if CaixaBank is unable to meet its financial obligations, our eligible Moroccan depositors have the right to file a complaint, based on a maximum amount, with the Fondo de Garantía de Depósitos.

The guaranteed amount applies to each depositor, which means that a customer with deposits with both CaixaBank in Morocco and Spain will be treated as a single applicant. Joint account holders are treated as a single complainant, so compensation will be divided between them in proportion to their interest in the deposit.

The maximum guaranteed amount per depositor is €100,000 for deposits in euros and, for other currencies, the equivalent of €100,000 in the relevant currency based on the exchange rate in effect on the earlier of (i) the date on which the competent Court issues a judicial decision declaring the bank's insolvency or (ii) the date on which the Bank of Spain issues a resolution indicating the need to call upon the Deposit Guarantee Fund (Fondo de Garantía de Depósitos). If the corresponding date is a public holiday, the applicable exchange rate will be that of the previous Business Day.

In addition, CaixaBank S.A., Morocco Branch has joined the Fonds Collectif de Garantie des Dépôts (Collective Deposit Guarantee Fund) instituted by Article 128 of Law 103-12, designed to compensate depositors in the event of unavailability of their deposits or any other repayable funds.

7.1. How we process your personal data

7.1.1. In order to provide you, as a professional client(s), with our products and services (the "Client(s)" or "you"), we may need to process personal data concerning certain natural persons linked to you, including your directors, officers, authorized signatories, other employees, shareholders, beneficial owners, and guarantors or pledgors, etc. ("Data Subjects").

7.1.2. This Privacy Policy describes how personal data is processed by CaixaBank, S.A. ("CaixaBank", "we", "us" or "our"), registered under TIN A-08663619, having its registered office at Calle Pintor Sorolla, 2-4, Valencia (Spain). CaixaBank processes personal data as data controller, through its branch, CaixaBank, S.A. Morocco Branch, located at 179, Boulevard Anfa (Casablanca) in the context of the performance of a contract to which you are a party, to take action at your request prior to entering into a contract with us, to comply with legal obligations, to enable CaixaBank to pursue its legitimate interests or for a purpose for which the data subjects have given their consent, as described below.

In addition, for certain types of processing of which we inform you below, CaixaBank processes personal data jointly with other companies and is therefore jointly responsible for such processing. For more information about these joint managers and the main aspects of the joint agreements in place, please visit: https://www.caixabank.es/particular/general/tratamiento-de-datos-empresas-del-grupo_en.html.

7.2. Personal data we process

7.2.1. We obtain the following personal data about Data Subjects from you, directly from them or from other sources, as described below:

• Data provided by you or the Data Subjects directly (or derived from our relationship with you), including identification and contact information (e.g., last name, first name, identity information/documents, place and date of birth, nationality, PEP status, signature, professional and private postal addresses, email address, and phone number) and economic information (e.g., job title, status, sector, financial activity, source of funds, legal capacity, and professional contact details);
• Data such as identification data, contact details, and data relating to international sanctions obtained from publicly accessible sources (commercial registers, transparency registers, insolvency databases, credit information systems, public databases, the Internet) or other third parties such as the European Central Bank or Bank Al-Maghrib.

7.2.2. When you provide us with personal data concerning a Data Subject, you are responsible for the lawful transmission of such data and confirm that you have obtained, where applicable, the Data Subject's consent for us to use his or her personal data in accordance with the Regulatory Information Guide. You also undertake to inform all Data Subjects of the processing of their personal data by us as described below.

7.3. Purposes and legal basis for processing

7.3.1. We process personal data in order to conclude, manage and execute the provision of financial products or services under the agreement (or to take appropriate pre-contractual measures) with our clients; the legal basis for this is the performance of such agreements or the taking of steps necessary for their conclusion.

This processing includes the verification of information and decision-making regarding credits and financial products or services for our clients, the verification of their identity and that of the Data Subjects, as well as the management of the contractual relationship (responding to operational requests, sending operational communications, etc.).

7.3.2. We process personal data on the legal basis of compliance with legal obligations, in particular in order to:

• Comply with anti-money laundering and countering the financing of terrorism regulations (including the verification of our own records and systems for any information concerning other accounts—including personal accounts—belonging to you, your business partners, or Data Subjects, as well as concerning your ultimate beneficial owners);
• Comply with specific regulations applicable to financial and credit institutions and other applicable regulations (such as tax regulations); and to comply with the requirements of regulatory authorities or bodies in accordance with the law;
• Carry out regulatory controls or other checks to fulfil our obligations to any regulatory or tax authority (including obligations arising from international policies on financial sanctions and countering the financing of terrorism).

Most of this processing is carried out jointly with other CaixaBank Group companies. For more information on co-determination, please visit: https://www.caixabank.es/particular/general/tratamiento-de-datos-empresas-del-grupo_en.html

7.3.3. When you apply for a bank account or other financial product or service, we may, on the basis of our legitimate interest, process personal data for the following purposes:

• Take the necessary measures to prevent and manage malicious transactions or behaviour, by identifying attempted fraud against us or our clients (including checking fraud prevention lists and communicating with the relevant agencies), given our legitimate interest in preventing fraud that could lead to financial or reputational losses for us or our clients. This processing is also carried out jointly with other CaixaBank Group companies. For further information: https://www.caixabank.es/particular/general/tratamiento-de-datos-empresas-del-grupo_en.html.
• Inquiries and communications with credit reporting systems or agencies in connection with the application and subsequent management of products involving financing, taking into account our legitimate interest in avoiding defaults by applicants or holders of products involving financing;
• Take the measures provided for in international financial sanctions and counter-terrorism financing programs to which we are not directly subject (e.g., those adopted by the US Department of the Treasury's OFAC), given our legitimate interest (and that of our joint controllers, as set out in the link above) in being able to conduct our activities in countries where such measures are required;
• Locate our customers in order to contact them in the event of a breach of their contractual obligations (including debt collection), given our legitimate interest in defending our interests and recovering debts in the event of default;
• Perform statistical analyses and testing (applying, where possible, anonymization or pseudonymization techniques) to establish reports on our activity and our relationship with the market, on the composition and evolution of our client base, and on the suitability and effectiveness of our products and services, based on our legitimate interest in designing, organizing, and optimizing our business operations as efficiently as possible.

Where we process personal data on the basis of our legitimate interest, we carry out a balancing test (available on request) to check that this legitimate interest is not overridden by the rights or interests of data subjects.

We may also process the Data Subjects’ personal data to inform you, as a client, via any electronic means, of products and services similar to those previously contracted that may be of interest to you (unless you have objected to such communications), or regarding other products, provided that you have given your consent where required.

7.4. Recipients of personal data

7.4.1. We communicate or make available personal data to the following recipients:

• Data Controllers or Joint Controllers of the data in question, meaning that where processing is carried out under shared responsibility, it is performed by CaixaBank Group companies in accordance with the description provided above for each processing activity;
• Third parties providing a service to us (financial back-office services, administrative services, IT services, etc.) or any person to whom we outsource (or may outsource) our rights and/or obligations under any agreement, who will act as data processors and will not process personal data for their own purposes;
• Authorities, regulators, public institutions or other third parties when we are legally obliged to do so (e.g.: as part of the fight against the financing of terrorism and organized crime, for the prevention of money laundering and as part of the prudential supervision of credit institutions);
• Credit reporting systems or agencies, as indicated above, and always in accordance with the conditions and obligations laid down by the applicable regulations.

7.5. International data transfers

Personal data is generally processed by service providers located in the European Economic Area (EEA) or in countries guaranteeing an adequate level of protection. In other cases, we guarantee the security and legitimacy of processing by requiring the implementation of appropriate safeguards (e.g.: binding corporate rules or standard data protection clauses adopted by the European Commission). For more information on these international transfers and the safeguards adopted (including the possibility of obtaining a copy), please contact CaixaBank's Data Protection Officer at: https://www.caixabank.es/particular/general/dpo_en.html.

7.6. Retention of personal data

We store personal data in accordance with applicable data protection laws. Data is processed for as long as the contractual or commercial relationship remains in force. Once the relationship has expired, data is retained solely for the purpose of complying with legal obligations and for the formulation, exercise or defence of complaints, for the applicable retention periods.

7.7. Data protection rights

All Data Subjects have the right to access, rectify or erase their personal data, as well as to restrict or object to processing or request portability. She also has the right to give instructions concerning her data in the event of her death (if applicable) and to withdraw her consent at any time (where consent is the legal basis for processing).

To exercise these rights, notification must be sent in writing to the headquarters of the CaixaBank branch in Morocco: CaixaBank, S.A., Morocco Branch, 179 Boulevard Anfa, Casablanca (Morocco), or to any other branch of CaixaBank, S.A., or to the Spanish registered office of CaixaBank, S.A., Calle Pintor Sorolla 2-4, 46002 Valencia (Spain), or via www.caixabank.com/ejerciciodederechos.

Similarly, every Data Subject has the right to file a complaint with a supervisory authority (in Morocco, the National Commission for the Control of Personal Data Protection—CNDP; or the lead supervisory authority for the CaixaBank Group, the Spanish Data Protection Agency, www.aepd.es).

7.8. Data Protection Officer

Finally, any Data Subject may contact CaixaBank's Data Protection Officer with any questions or concerns at: https://www.caixabank.es/particular/general/dpo_en.html.

8.1. In accordance with Article 180 of Law 103-12, CaixaBank undertakes to maintain the confidentiality of all client information covered by professional secrecy to which it has access within the scope of the banking relationship, and to use such information only for the purposes of exercising its rights and performing its obligations under the contracts to which the client is a party.

8.2. However, CaixaBank may not invoke professional secrecy against Bank Al-Maghrib, the judicial authority acting within the framework of criminal proceedings, or any other authority of States that have entered into a bilateral agreement with the Kingdom of Morocco providing for the exchange of information in tax matters.

8.3. In accordance with Article 180 of Law 103-12, thanX by CaixaBank®, CaixaBank, S.A., Morocco Branch may also disclose information covered by professional secrecy:

(a) to rating agencies for the purposes of their rating or the financial instruments they issue and, secondly, to persons with whom they negotiate, conclude or execute the transactions listed below, where such information is necessary for them:

• credit transactions and transactions in financial instruments, or insurance;
• acquisitions of holdings or controlling interests in a credit institution;
• assignments, transfers or pledges of assets, goodwill, receivables or contracts;
• service contracts concluded with a third party with a view to entrusting it with operational functions related to the conduct of its business;
• the study, preparation, conclusion, performance, and transfer of any type of contract or transaction, provided that the aforementioned agencies and persons maintain a direct or indirect equity interest with the credit institution, granting a power of effective control to one of these agencies or persons over the credit institution, or to the credit institution over the said agencies and persons; and
• whenever authorized to do so by the persons to whom the information relates.

8.4. Recipients of information covered by banking secrecy, which has been communicated to them for the purposes of one of the transactions mentioned above, are required to keep this information confidential, whatever the outcome of the said transaction.