Powens Terms and conditions of use (ToS)

Powens is the new trading name of Budget Insight.

 

The use of services offered through the Powens API implies the unconditional acceptance of these Terms of Use (ToS) as well as Powens’ Privacy Policy.
Upon acceptance, these terms become a contractual agreement between us and will be enforceable against you.

For any questions regarding Powens’ services or these ToS, please contact us via email at info@powens.com.

For any inquiries concerning the processing of your personal data, please contact us via email at dpo@powens.com.

 

Foreword:

 

1. Powens’ Services allow the aggregation of your bank accounts and other assets, documents, and the initiation of transfers, as well as the verification of the identity and financial profile of both individuals and legal entities.

2. Powens holds a payment institution license (bank code 16948) issued by the ACPR.

3. Powens complies with the principles of the General Data Protection Regulation (“GDPR”).

4. At Powens, security measures are in place to ensure the confidentiality of your data: your data is encrypted and stored within the European Union.

5. We do not transfer any of your data outside the European Union.

6. By virtue of its European passport, Powens is authorized to operate under the freedom to provide services in the territories of other member states of the European Economic Area.

 

By validating these ToS you acknowledge Powens as your agent (within the meaning of articles 1984 et seq. of the French Civil Code) for the collection of your documents and banking data under your right to portability. You also acknowledge that you have been fully informed by Powens of the transmission to our Partner of the data resulting from the Services for which the Partner has subscribed. The Partner undertakes to use this personal data only for the purposes to which you have agreed with it.

You have the possibility to revoke connections, delete them, or limit their scope at any time.

 

Preamble : 

The Services described in these ToS concluded with the User are provided by the company Powens, SAS with a capital of 38,674.20 euros, registered in the Paris Trade and Companies Register under number 749 867 206, whose registered office is at 84 rue Beaubourg, 75003 Paris, and registered as a payment institution with the Autorité de Contrôle Prudentiel et de Résolution (ACPR) under number CIB 16948.

1. Purpose

The purpose of these ToS is to regulate the Services offered by the Powens API.

They constitute a binding contract between the adult and capable User and Powens, both of whom declare their acceptance of these ToS.

The Powens API is provided as Software as a Service (SaaS), meaning the software is hosted in the Powens environment and accessible to the User via the internet.

Through its API, Powens may provide the following Services to the User with their express consent:

Through its API, Powens may provide the User with the following Services with his/her express consent:

Bank: Account Information service to provide online consolidated information concerning one or more Payment Accounts held by the User with one or more Payment Service Providers.

Pay: payment initiation service enabling a payer to instruct his payment service provider to initiate a transfer to the account of a third party identified by the User. The service also enables the User to make an account-to-account transfer between his own accounts, or to initiate a payment from one of his accounts accessible via the service to the account of a third party.

Check: a service designed to automate bank identity checks.

The financial services regulated above are to be understood within the meaning of European Directive No. 2015/2366 of November 25, 2015 on payment services (hereinafter referred to as “PSD2”).

Trust: document aggregation service to enable the User to connect different accounts and personal spaces of Suppliers (such as energy supply contracts, telephony, internet, etc.), in order to automatically retrieve personal and consumption information, invoices and any other PDF document.

Wealth: financial data aggregation service outside the scope of DSP2, enabling the User to aggregate savings accounts, passbooks, securities accounts, cryptocurrency accounts and all types of Other financial assets.

Advisory: a real-time revenue and expense analysis solution designed to enable Partners to make better credit decisions thanks to access to categorized transactional data.

2. Definitions

For the purposes of interpreting these ToS, the terms and expressions below shall be understood in relation to the definitions in this article, which definitions shall be binding:

API or Webview: the software made available to the User to implement the Services offered by Powens.

Application: computer programs from the Partner that the User can run and actively interact with, whatever the medium: smartphone, tablet, computer, etc.

Other assets: this refers to all other assets (excluding payment accounts) that may be associated with an account, to which the User has online access via his/her personalized security device, i.e. financial assets, securities, bank products, credit, cryptocurrency accounts and savings products.

Beneficiary(ies): natural or legal persons receiving a payment initiated by means of the Powens API, at the initiative of the User using this solution, identified by their account identifier (IBAN).

ToS: refers to the present conditions of use of the Powens API.

Payment Account(s): account held in the name of the User or the Beneficiary, managed by an account-holding payment service provider (“ASPSP”), made usable by the User thanks to the Services, for the purposes of aggregating the various banking data and initiating the payment transactions associated with the Services.

Consent to payment: consent to payment is represented by the order by which the User gives instructions, via the Powens API, to initiate a payment by transfer from one of his accounts to the account of the Beneficiary he designates at the time of this transfer initiation operation.

Document(s): invoice, receipt, or proof issued by a Supplier to the User, for a service rendered by the Supplier, and available on the User’s personal online space with the Supplier.

Supplier(s): provider of a service to a User.

Account information: service offered by the Powens API, allowing the User to aggregate his banking data and consult all his Payment Accounts and Other assets that he has chosen, through the API.

Payment initiation: service offered by the Powens API, enabling the Partner to enter the characteristics of a transfer order which, if validated by the User, will be transmitted via the Powens API to the payment service provider holding the issuing account chosen by the User, together with the User’s Payment Consent. The issuing account may be a payment account or one of the accounts referred to in Other Assets, provided that initiation is possible in this case.

Document Metadata: data presented on Documents retrieved by the Powens API, which is extracted by Powens, and made available to the User via the API. This data can be (if available), the name of the Supplier, the amount of the invoice, the date of issue, the date of collection or payment, as well as identity information such as, in particular, the surname, first name, home address, date of birth, place of birth, telephone number or e-mail address of the User.

Partner: legal entity in a contractual relationship with Powens, providing the User with the Application within which the User will be redirected to Powens’ Services.

Party(ies): Powens and the User, the only parties to the contract defined by the present General Conditions of Use.

User: natural or legal persons using the Services, either directly or via a redirection from the Partner.

GDPR: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, General Data Protection Regulation.

Services: the services are described in article 1 “Purpose” of these ToSs.

Durable medium: any instrument enabling the Powens API User to store information addressed to him personally in such a way that this information can be consulted at a later date for a period adapted to its purpose and reproduced identically.

 

  A. General provisions

 

1. Technical operation of Powens API Services

 

Registration to the Services and Powens API setup

To access the Services, the User must enter his/her login and password. The User acknowledges that he/she is solely responsible for the security and confidentiality of his/her information, which he/she undertakes not to communicate to any third party.

Only the User is authorized to access the Services.

The User is warned that any false declaration or misleading, erroneous or incomplete information that he introduces when setting up or using the Powens API will engage his personal, civil, commercial or criminal liability.

 

Data security

In order to guarantee the security of the User’s data, Powens assures the User of its best efforts, particularly in securing its API and production environment, in accordance with the state of the art and the provisions of (i) Article 67 2. b) of the DSP2 and (ii) Article 34 of the RGPD.

Powens cannot be held to an obligation of result in the delivery of its Services.

As the Services constitute an automated data processing system, any fraudulent access to them is prohibited and punishable under Article 323-1 of the French Penal Code, as is the maintenance, alteration and obstruction of an automated data processing system, as well as the fraudulent introduction, deletion or modification of data.

The User acknowledges that data transmitted over such networks does not have permanent protection and is susceptible to theft or misuse. Therefore, it is strongly advised that the User does not use the Services on a public internet network and/or any device that they do not have exclusive control over. Similarly, it is highly discouraged for the User to allow any browser to save their personal information.

Powens declares that it complies with the obligations regarding security of processing and notification of the Commission nationale de l’information et des libertés (CNIL) and data subjects in the event of a security incident resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed, as described by Articles 34 of the RGPD.

In the event of a personal data breach, Powens will inform the Partner, the CNIL and the User within 72 hours if the breach is likely to result in a high risk to the User.

 

Rates, fees and incidents

Access to the Services is free of charge for the User (excluding Internet connection costs borne by the User and any costs incurred by our Partner). The Services are open 24 hours a day, 7 days a week, except in cases of force majeure, computer breakdowns, maintenance or problems related to telecommunications networks, to which the article “Technical performance, availability and force majeure” applies.

 

2. Regulatory compliance

 

Preventing fraud and money laundering

The User undertakes to use the Services for lawful purposes, in compliance with the applicable regulations, notably in terms of payment and the prevention of money laundering, in particular the obligations to which Powens is bound in terms of the collection and conservation of its data by virtue of articles L.561-12, L.561-15 to L.561-22-1, and R.561-1 to R.561-22 of the French Monetary and Financial Code.

The User acknowledges that he/she is aware of the obligations incumbent on payment service providers, in terms of control and monitoring, in order to detect and report any offences or suspicions of money laundering or terrorist financing operations. As part of its control, Powens reserves the right to request any document or additional information to enable it to carry out the necessary checks to ensure compliance with its legal obligations, particularly with regard to the fight against money laundering. In the absence of a response from the User, or in the event of legitimate suspicion on the part of Powens, the establishment reserves the right to restrict or even suspend the Service for a User.

In this case, Powens cannot be held responsible and the User cannot claim compensation for any damage that this decision may cause.

 

General regulation on the protection of personal data

Powens complies with the provisions of the French Data Protection Act n°78-17 of January 6, 1978 in its current version and European Regulation n°2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).

Prior to any use of the Services offered by the Powens API, the User declares to have read and accepted the Powens privacy policy.

The User declares that he has been informed of his right of indirect access to his personal data with the CNIL, under the conditions described in Article L.561-45 of the Monetary and Financial Code and of the following rights arising from the RGPD:

  • Right of access to all your personal data processed by us;
  • Right of rectification in the event of erroneous data ;
  • Right to the deletion of your data ;
  • Right to object: you may object to us processing your data, except for the purposes of any legal proceedings and if there are compelling legitimate grounds for us to continue processing your data;
  • Right to data portability: you can ask to receive the data you have provided in machine-readable format;
  • Right to limit the processing of your data in accordance with Article 18 of the RGPD;
  • Right to receive instructions on data processing in the event of death.

 

To exercise the aforementioned rights, the User should first contact Powens at the following e-mail address: dpo@powens.com.

In the absence of a response within one month, or if the User considers the response to the exercise of rights to be erroneous or incomplete, the User may lodge a complaint with the CNIL :

3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Tel: 01 53 73 22 22 / Fax: 01 53 73 22 00
or at www.cnil.fr/fr/plaintes or www.cnil.fr.

The user is informed that in the event of opposition to the processing or if he/she transmits erroneous or fanciful data, the services linked to the collection of data cannot be rendered, and Powens cannot be held responsible in any way in this respect.

 

3. Technical performance, availability and Force Majeure

 

Service availability

Powens strives, as a best-effort obligation, to offer the highest quality of service with the best possible availability for its Services. Powens will make its best efforts to notify the User in advance of any maintenance operations that may temporarily interrupt the Services.

As a result, the User is informed and accepts that Powens cannot guarantee flawless operation of the Services for events that are inherently beyond its control. Therefore, Powens shall not be held responsible for any damage caused by such events.

The Partner remains the primary point of contact to approach for any technical inquiries.

Powens provides the User with a customer service that is capable of responding to all information requests necessary for the use of the Services. The User can contact the Customer Service via email at the following address: support@powens.com.

 

Force majeure

The liability of each Party cannot be pursued if the execution of this contract is delayed or prevented due to a force majeure event or an unforeseeable circumstance. The affected Party will do everything in its power to limit the duration and effects of the force majeure event or external cause.

When a force majeure event occurs, the obligations of this contract may be immediately suspended. This suspension, as well as any termination due to force majeure, will not entitle either party to receive any form of compensation from Powens.

The Parties agree that, without limiting this list, the following events shall be considered as force majeure or unforeseeable circumstances: (i) failure of the public electricity network, (ii) failure of the public telecommunications network, (iii) failure of the TRANSPAC network or any networks that may replace it, (iv) loss of Internet connectivity due to public and private operators on which Powens or its Partners depend, (v) saturation attack on the computer system of Powens or its Partners, (vi) disruption caused by illegal intrusion into the computer system of Powens or its Partners, (vii) maneuvers carried out by a third party aimed at deliberately damaging the data held by Powens or its Partners, (viii) strikes by EDF or Powens’ personnel or its Partners, (ix) civil or foreign war, (x) riot or popular movement, (xi) terrorist attack affecting Powens or its Partners, (xii) adverse weather affecting Powens or its Partners, (xiii) earthquake, (xiv) tsunami, (xv) industrial or ecological disaster affecting Powens’ business area and making it impossible to continue its activities at the usual site(s), (xvi) health crisis or pandemic resulting in a halt of Powens’ or its Partners’ activities.

If the suspension continues beyond a period of three months, each Party reserves the right to terminate the contract without compensation, one month after notifying the other Party of this decision.

 

 4. Customer Service, Information, Complaints

 

Services regulated by DSP2 (Bank, Check and Pay)

In the event of unauthorized payment transactions, the User will immediately notify Powens at support@powens.com.

In accordance with the provisions of DSP2, the User has the option of sending his request for reimbursement directly to his payment service provider who manages the account.

The responsibility for the correct execution of a payment transaction initiated by Powens lies exclusively with the transmission of the exact references of the destination account and the exact amount of the transaction.

The User acknowledges and accepts that Powens does not offer any guarantee for services rendered by third party establishments and institutions with which the User has an account linked to the Services.

The User also acknowledges that Powens has no control over data relating to accounts held by the User with payment service providers.

 

Services not regulated by DSP2 (Trust, Wealth and Advisory)

Within the framework of Services not regulated by the DSP2, Powens limits itself to a technical role with the Partner, so in the event of a complaint, the User must contact the Partner, who is exclusively responsible.

In this context, Powens draws the User’s attention to the need to read and comply with the general terms and conditions of the Partner concerned.

 

5. Intellectual property rights

Powens holds full and complete ownership of its API and associated software (in particular: Console, Webview).

The User only has a strictly personal, non-transferable right of use, limited to the duration of the present contract, of the Services and the software elements used for its use.

 

6. Liability

Powens’ responsibility

Within the scope of the Services and in accordance with these ToS, Powens is bound by an obligation of means in providing the Services. Therefore, Powens shall not be held liable in the event of delays or inaccuracies in the dissemination of information provided by these Services, as well as any temporary interruption of said Services.

Powens’ liability can only be invoked in the event of a fault committed by Powens (and not by the User or the Partner) and will, in any case, be limited to direct damages suffered by the User in the context of a use of its Services in accordance with these ToS and applicable laws.

Therefore, Powens shall not be held responsible for any indirect damages caused by the use of its Services, including loss of income, business, reputation, or clientele.

Powens shall not be held responsible for any breach of computer security that may cause damage to the User’s computer equipment and data.

Powens shall not be held responsible for any harm resulting from the User’s use of the Services in violation of theseToS or applicable laws.

Responsibility of the User

The User declares that he/she is of legal age and that his/her use of the Services does not contravene any legal or regulatory provision.

The User undertakes to use the Services in accordance with the conditions laid down in these ToS and current legislation.

The User undertakes not to interfere with the operation of the Services, nor to jeopardize the security of the Services.

In this case, Powens reserves the right to suspend or interrupt the User’s access to the Services without notice.

 

7. Protection of personal data 

Use of the Services as provided by the Partner is only possible once the User has consented to the entire connection process.

In accordance with article L521-5 of the French Monetary and Financial Code, no personal data is transmitted to Powens without the User’s express consent.

On the basis of the execution of the present contract, Powens guarantees the processing of data strictly necessary and relevant to the achievement of the following purposes:

  • Enable the provision and maintenance of Services;
  • Provide user support;
  • Ensure the improvement and development of Powens Services;
  • To enable the analysis of statistical, economic, commercial or Service use data using data that does not allow the User to be identified;
  • Enable the creation and transmission of anonymous datasets based on the historical and future data collected;
  •   Ensure compliance with Powens’ legal obligations, particularly concerning anti-fraud, anti-money laundering, counter-terrorism financing, and personal data security.

The User’s personal data is kept for no longer than is necessary for these purposes.

Data subject to anti-fraud, anti-money laundering, and counter-terrorism financing obligations are retained by Powens for 5 years from the termination of the contractual relationship, in accordance with L.516-12 of the French Monetary and Financial Code.

Powens commits to:

1. Not using the User’s personal data for purposes other than the provision of Services, the aforementioned processing, or compliance with legal obligations related to anti-money laundering and counter-terrorism financing.

2. Implementing all technical and operational means, particularly in terms of information system security, to guarantee the security of the User’s personal data and alert the Partner in case of incidents affecting the security of this data, in accordance with Articles 33 and 34 of the General Data Protection Regulation (2016/679/EU).

 

8. Modifications to the present contract

Powens reserves the right to modify at any time and in whole or in part the present ToS, whether to adapt them to changes in the Services offered or to changes in current legislation.

If the User refuses to comply with the new version of the ToS, he/she must notify Powens at dpo@powens.com and refrain from using the Services. Termination will result from this notification by the User to Powens of his refusal of the new conditions and his correlative decision to terminate the present contract. Powens will then proceed to delete the User’s account.

 

9. Contract duration

This Contract is concluded for an indefinite period.

The User may terminate the present contract by registered letter sent to the following postal address of Powens sis 84 rue de Beaubourg – 75003 Paris or by deleting his/her account on the Partner’s application.

Users wishing to delete their account may do so via the Partner.

Powens will then proceed as soon as possible to the effective termination and deletion of the User’s account.

If the User fails to comply with his obligations or with the stipulations of this contract, or in the event of abusive use, Powens reserves the right to terminate the contract at any time and to interrupt, without further notice in the event of urgent necessity, the use of the Services.

 

10. Applicable law and dispute resolution

This contract is governed by French law.

In the event of a dispute between the User and Powens in connection with the use of the Services, both parties undertake to attempt to settle the dispute amicably. If no agreement is reached on a claim relating to a payment service, the User may refer the matter free of charge to the Afepame mediator:

  • By electronic referral from the website : mediateur-consommation-afepame.fr ;
  • By e-mail to the address of the AFEPAME Consumer Mediator:  contact@mediateur-consommation-afepame.fr; or
  • By mail addressed to the “Médiateur de la Consommation de l’AFEPAME” at the following address: “Médiateur de la Consommation de l’AFEPAME c/o WEBHELP GRAY – Zac de Gray – Impasse Clément Ader 70100 Gray”.

The outcome of the mediation process will be reached within a maximum period of ninety (90) days from the mediator’s notification of their involvement.

If the proposed solution by the mediator does not satisfy either Party, each of them may resort to the competent jurisdiction:

  • Tribunal de commerce de Paris if the User is a merchant.
  • Court of the User’s principal residence, if the User is a non-merchant individual.

 

11. Contact

If you have any questions about our Services or the present Terms and Conditions of our Services, please send us an e-mail to info@powens.com.
If you have any questions about the processing of your personal data, please send us an e-mail to dpo@powens.com.

 

B. Services regulated by PSD2

The payment services provided by Powens (Bank, Check and Pay) are governed by European Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and European Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance).

In accordance with the provisions of PSD2, the Powens API connects to the APIs developed by the payment service providers managing the accounts, in order to collect and process the data made available by the payment service provider managing the account in order to achieve the purpose of the processing: provision of the regulated payment service, Account Information (Bank) and/or Payment Initiation (Pay) and or bank account identity verification (Check).

In the event that the payment service provider managing the accounts has not developed a functional API enabling Powens to deliver the service you expect, then the “fallback” mechanism is implemented. The Powens API then connects to the User’s online banking customer area using the “Direct Access” method (direct access via webscraping/reverse engineering) in order to process the data necessary to achieve the purpose: provision of the regulated payment service of Account Information (Bank) and/or Payment Initiation (Pay) and/or bank account identity verification (Check).

 

1. Pay

Nature and purpose of the Payment Initiation service

In accordance with the definitions given in article 2 of the present ToS, the Payment Initiation service allows the User to accept or refuse the initiation of a transfer, the characteristics of which will have been provided by the Partner and which, if accepted by the User, will be transmitted via the Powens API, to the payment service provider holding the issuing account chosen by the User, accompanied by his Payment Consent.

 

Context of use

It is the User’s responsibility to check the amount and currency of the transfer, as well as the references and details of the account to which he/she wishes to send this amount or the initiation date of each payment, before giving his/her Consent to Payment.

The User acknowledges that he is solely responsible for determining the appropriateness and lawfulness of the payment to which he consents and that it is up to him to determine and verify that he is entitled to initiate the payment for which he gives his consent by means of Powens’ payment initiation service.

He declares that he is fully aware of the fact that the Consent to the Payment that he materializes by means of the payment initiation service is of such a nature as to engage his possible liability and that it is his sole responsibility to avoid initiating a payment that is illegal or of such a nature as to infringe any legislative or regulatory requirement.

 

Respective obligations of Powens and the Payment Service Providers involved in the transfer

For payment initiation transactions, the division of responsibilities between the payment service provider managing the account and Powens follows, for each transaction, the division of the parts of the transaction which are under their respective control.

Subject to the provisions of the payment service provider’s general terms and conditions, which the User declares to have consulted and accepted in advance, and in the absence of any fault on the part of the User, where the full amount is not credited to the Beneficiary’s payment service provider or is credited late, the User’s payment service provider will correct the payment transaction or refund to the User without undue delay the corresponding amount of the transaction, without prejudice to any other remedy that may be available in accordance with national law.

 

Preparing the transfer order

The User accesses a web, mobile or other interface allowing him to enter his bank identifiers or other authentication method proposed by his payment service provider.

When this authentication is carried out on its interface, Powens secures this interface with an https connection (at least 256 bits).

The User enters their authentication elements with their account-holding financial institution to open access to the payment initiation service via the API.

Then, either after providing this information at the account information service stage alternatively, the User directly proceeds to the next step, where a list of their eligible accounts for payment appears.

To initiate the payment, the User selects the issuing account from the list of their accounts and, if required by the nature of the payment or the payment service provider’s API, provides their IBAN or adds a new beneficiary.

 

Payment order completion conditions

Once the previous step has been completed, the User accesses a summary page of the payment he wishes to initiate, enabling him to confirm his consent.

Once this confirmation has been received by the API, the payment order is immediately transmitted to the payment service provider holding the account chosen by the User to issue the payment.

From this point onwards, Powens is no longer able to intervene in the execution of the payment order. To cancel the payment, the User must contact the bank holding the issuing account directly.

The transfer will be made from the issuing account in accordance with the rules laid down by the payment service provider holding the issuing account, in particular on condition that the latter has a sufficient balance to make the payment on the date chosen by the User and in accordance with the conditions laid down by its account-holding institution.

The User’s attention is drawn to the fact that it will be the balance determined by the payment service provider holding the account that will prevail for the execution of the order at the time the account holder proceeds with its execution, and that the indication that was available via the API at the time of initiation may differ from the actual value of the balance at the time the transfer is executed.

In order to reduce the risks and consequences of unauthorized or improperly executed payment transactions, the User must inform Powens and its payment service provider account manager as soon as possible of any dispute relating to allegedly unauthorized or improperly executed payment transactions.

 

Deadlines and follow-up

All transactions carried out through the payment initiation service are recorded by Powens so that transactions can be traced in the event of an error.

A transaction ID is created for each payment initiation, whether completed or not. When the User materializes his or her Payment Consent, the initiation process changes to “pending” status, meaning that it has been successfully submitted to and received by the account-holding payment service provider.

The transaction is fully validated when the account is debited, which can take from a few minutes to a few days, depending on the transaction date and the payment service provider. However, payment is only really completed when the payment service provider holding the account has been able to carry out the transaction.

 

User information and proof

If the User’s bank offers a currency exchange service, the Pay service will enable the User to use this currency exchange service. Where such a currency conversion service is offered prior to the initiation of the payment transaction, the third party offering it to the payer is obliged to inform the latter of any charges applied, as well as the exchange rate that will be used for the purpose of converting the payment transaction. Powens cannot be held responsible for this exchange service.

After initiating a payment, the Partner will immediately receive :

A. Confirmation from the payment service provider managing the payer’s account that the payment order has been successfully initiated;
B. A reference enabling the User and the Beneficiary to identify the payment transaction and, where applicable, enabling the Beneficiary to identify the User, as well as any information communicated during the payment transaction;
C. The amount of the payment transaction ;
D. If applicable, the amount of charges levied by Powens for the payment transaction and, if applicable, the breakdown of the amounts of these charges.

 

Claim

If you have a complaint, the Powens support service is at your disposal: support@powens.com.

In the event of a complaint, Powens undertakes to make every effort to reply within fifteen (15) working days. In the event of an exceptional situation, if Powens is unable to give a satisfactory response within this period due to reasons beyond its control, a standby response clearly stating the additional delay and specifying the final date of response, which may not exceed a total period of thirty-five (35) working days.

In the event of dissatisfaction with the response to the complaint and the solution proposed by the mediator, the User may contact the ACPR at the following address:

Autorité de Contrôle Prudentiel et de Résolution

4, place de Budapest
CS 92459
75436 PARIS CEDEX 09

 

 

2. Bank

Nature and purpose of the account information service

In accordance with the definitions given in article 2 of the ToS, the Account Information service enables the User to consult all his Payment Accounts for which he has authorized access to the API.

 

Context of use

Powens ensures that the information displayed on the Webview and transmitted via its API to the Partner is that provided by the payment service providers holding the accounts selected by the User.

Powens cannot be held responsible for inaccuracies in the data transferred by payment service providers.

The User acknowledges that he/she is solely responsible for ensuring that his/her identifiers are accurate and valid, and declares that he/she is fully authorized to use these identifiers by the payment service provider managing the account.

 

Webview access

The User accesses the Webview, a web interface allowing him to select his payment service provider and to authenticate himself with the latter in order to consent to access, by Powens and its Partner, to his account information.

Depending on the authentication method provided by the account-holding payment service provider, the User may be required to enter his/her bank details for access to his/her online banking area(s) on the Webview, or be redirected to a web or mobile interface hosted by his/her account-holding payment service provider and designed to enable authentication.

Once the User has authenticated himself and consented to access by Powens and its Partner to his account information, the User can consult on the Webview, via a link provided by the Partner, the various payment accounts for which he has authorized access and decide to revoke this access at any time.

 

Data categorization and enrichment services

API services can be enhanced with one or more data categorization, analysis or enrichment services:

  • A categorization engine offering several types of categorization for the User or Partner, enabling financial transactions on the User’s account(s) to be assigned to spending and purchasing categories.
  • A categorization engine, proposing targeted indicators to enrich the information relating to the User’s transactions, for the Partner’s use.
  • Any other service based on the analysis (particularly statistical) and enrichment of aggregated data

 

Claim

If you have a security complaint about the account information service, please contact Powens support: support@powens.com.

In the event of a complaint, Powens undertakes to make every effort to reply within fifteen (15) working days. In the event of an exceptional situation, if Powens is unable to give a satisfactory response within this period due to reasons beyond its control, a standby response clearly stating the additional delay and specifying the final date of response, which may not exceed a total period of thirty-five (35) working days.

In the event of dissatisfaction with the response to the complaint and the solution proposed by the mediator, the User may contact the ACPR at the following address:

Autorité de Contrôle Prudentiel et de Résolution

4, place de Budapest
CS 92459
75436 PARIS CEDEX 09

 

3. Check

Nature and purpose of the account information service

In accordance with the definitions given in article 2 of the ToS, the Check product aims at verifying the identity of a bank account holder.

 

Context of use

Powens retrieves identity data from a User’s bank account in order to confirm the identity of the bank account holder.

Powens cannot be held responsible for any inaccuracies in the data transferred by payment service providers. It is also the User’s responsibility to determine and specify the access identifiers to his/her payment accounts that he/she wishes to aggregate.

The User acknowledges that he/she is solely responsible for ensuring that his/her identifiers are accurate and valid, and declares that he/she is fully authorized to use these identifiers by the payment service provider managing the account.

It is hereby specified that use of the Check Service in no way relieves the User of responsibility with regard to legal and regulatory provisions concerning, in particular, the fight against money laundering and the financing of terrorism.

 

Webview access

The User accesses the Webview, a web interface allowing him to select his payment service provider and to authenticate himself with the latter in order to consent to access, by Powens and its Partner, to his account information.

Depending on the authentication method provided by the account-holding payment service provider, the User may be required to enter his/her bank details for access to his/her online banking area(s) on the Webview, or be redirected to a web or mobile interface hosted by his/her account-holding payment service provider and designed to enable authentication.

Once the User has authenticated himself and consented to access by Powens and its Partner to his account information, the User can consult on the Webview, via a link provided by the Partner, the various payment accounts for which he has authorized access and decide to revoke this access at any time.

 

Claim

If you have a safety-related complaint about the Check service, please contact Powens support: support@powens.com.

In the event of a complaint, Powens undertakes to make every effort to respond within fifteen (15) days, unless the response itself has already been given to the User within this period. The final response to the User will be made within a maximum period of two (2) months from receipt of the complaint, except in exceptional and justified circumstances.

In the event of dissatisfaction with the response to the complaint and the solution proposed by the mediator, the User may contact the ACPR at the following address:

Autorité de Contrôle Prudentiel et de Résolution

4, place de Budapest
CS 92459
75436 PARIS CEDEX.

 

C. Services not regulated by PSD2

Services not regulated by the DSP2 allow the collection of data or documents via direct access.

 

1. Wealth

Nature and purpose of the Other assets management service

In accordance with the definitions given in article 2, the Wealth service enables the User to consult all of his Other Assets which he has authorized Powens to access.


Context of use

Powens ensures that the information displayed on the Webview and transmitted via its API to the Partner is indeed that displayed by the financial institution selected by the User on his online space.

In the event of inaccuracy in the data transferred by these data holders, Powens cannot be held responsible.

It is also the User’s responsibility to determine and specify the identifiers giving access to the personal areas of each online bank for which they wish to aggregate and display Other Assets. Users are again reminded that these identifiers must remain strictly personal.

The User acknowledges that he/she is solely responsible for ensuring that his/her identifiers are accurate and valid, and declares that he/she is fully authorized to use these identifiers.


Webview access

The User accesses the Webview, a web interface allowing him to select his payment service provider and to authenticate himself with the latter in order to consent to access, by Powens and its Partner, to his account information.

The User will be asked to enter his/her bank details for access to his/her online banking area(s) on the Webview to enable authentication.

Once the User has authenticated himself and consented to access by Powens and its Partner to his account information, the User can consult on the Webview, via a link provided by the Partner, the various payment accounts for which he has authorized access and decide to revoke this access at any time.

 

2. Trust

Nature and purpose of the document management service

In accordance with the definitions given in article 2 of the ToS, the Trust Product is a service providing access to the User’s supporting and administrative documents and identity data which have been previously collected from the suppliers connected by Powens (Telecom, Energy, Utilities etc.).  The supporting and administrative documents are collected by Powens via its API thanks to the mandate given by the User.

 

Context of use

Powens ensures that the information displayed on the Webview and transmitted via its API to the Partner is the same as that displayed on the customer space of the suppliers selected by the User.

Powens cannot be held responsible for any inaccuracy in the data transferred by these suppliers.

It is also the User’s responsibility to determine and specify the identifiers giving access to the personal online spaces of each supplier for which they wish to aggregate and display documents and identity data.

The User acknowledges that he/she is solely responsible for ensuring that his/her identifiers are accurate and valid, and declares that he/she is fully authorized to make use of these identifiers by the suppliers.

 

Webview access

The User accesses the Webview, a web interface allowing him to select his account provider and to authenticate himself with the latter in order to consent to access, by Powens and its Partner, to his account information.

Depending on the authentication method provided by the service provider holding the account, the User will be asked to enter his/her access details for his/her online space(s) on the Webview to enable authentication.

Once the User has authenticated himself and consented to access by Powens and its Partner to his account information, the User can consult on the Webview, via a link provided by the Partner, the various accounts for which he has authorized access and decide to revoke this access at any time.

 

3. Advisory

Nature and purpose of the document management service

In accordance with the definitions given in article 2 of the ToS, the Advisory Product is a service that enables online credit professionals to instantly assess the financial profile of their Customers (Users).

 

Context of use

The Advisory Product is a service that analyzes the banking data of a User who has consented to share his or her financial information.

Powens provides through its Advisory Product, subject to available data whose communication has been authorized by the User, in the form of a report, a set of metrics making it possible to establish a solvency profile: income, expenses, living expenses as well as an identification of certain behaviors or past events likely to generate a financial risk.

Powens cannot be held responsible for any inaccuracies in the data transferred by payment service providers. It is also the User’s responsibility to determine and specify the access identifiers to his/her payment accounts that he/she wishes to aggregate. Users are reminded once again that these identifiers must remain strictly personal.

The User acknowledges that he/she is solely responsible for ensuring that his/her identifiers are accurate and valid, and declares that he/she is fully authorized to use these identifiers.

 

Acceptance

The User declares that he/she has obtained from Powens all the necessary information concerning the proposed Services.

In order to access the Services, the User declares his full acceptance of the present ToS, and undertakes to guarantee their application.

The User therefore accepts these ToS by registering for the Services, after having read these ToS, by clicking on the “Continue” box before the words by continuing you accept the ToS and the privacy policy.

 

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