Banco ABC Brasil S.A. (“Banco ABC”) sets out in these Terms and Conditions of Use and Privacy Policy (“Terms”) the conditions for using the institutional website (including internet banking) and applications of Banco ABC in order to clarify the obligations and responsibilities of its users (“Users”) who may access the services and content provided by Banco ABC.

The User agrees that Banco ABC may, at its discretion and without prior notification, set out specific Terms of Use and Privacy Policies applicable to a given website and/or application that supplement and/or take precedence over these Terms in the event of conflicting provisions.

Moreover, Banco ABC, at any time, at its sole discretion and without the need for any prior or subsequent notification whatsoever to any User or third parties, may: (i) suspend, cancel or interrupt access to the website and/or application of Banco ABC; and/or, (ii) remove, change and/or update, wholly or partly, the site and/or application of Banco ABC, as well as their respective content and/or Terms of Use and Privacy Policy; and/or (iii) undertake enhancements and upgrades that could alter the structure or the layout of the site and/or application of Banco ABC, at its own convenience.

Any amendment and/or updating of these Terms will take effect as from the date of publication on the website and/or application of Banco ABC and shall be fully adhered by the Users.

If any provision of these Terms were considered illegal by competent authorities of the location where the User accesses the website and/or application of Banco ABC, or with whom they are connected, the other conditions will remain in full force and effect.

The User agrees that by accessing the website and/or application, they unreservedly accept the provisions of these Terms.

Users must have their own resources for accessing the internet to use the website and/or application of Banco ABC, and such visits are limited to the content expressly offered subject to the imposition of Brazilian criminal legislation and the obligation to make reparation for any damages arising from improper use, being expressly forbidden to: i) access the programming areas; ii) reverse engineer, translate or decompile any non-open source codes used, for whatever purpose, on the website and/or application of Banco ABC.

Likewise, Users may not engage in the following action on account of, or through use of, the website and/or application of Banco ABC:

• engagingin any illegal acts and/or violations of the prevailing legislation, including the provisions of Law 9.613/98 (and subsequent amendments) and Law 12.846/13;
• actsthat violate ethical and proper practice;
• violation of third-party rights;
• violation of third-party rights to confidentiality and privacy;
• acts that cause or lead to contamination or which endanger any equipment of Banco ABC and/or of third parties, including viruses, trojan horses, malware, worm, bots, backdoors, spyware, rootkits, ransomware or any other malicious code;
• engaging in any acts that directly or indirectly, wholly or partly, might impose losses on Banco ABC, any Users and/or any third parties;

In the event a User fails to comply with any provisions of these Terms or legal provision, without prejudice to other measures, Banco ABC may, own its own or through third parties, at any time and at its sole discretion, initiate the appropriate legal steps, suspend or limit access to the website and/or application of Banco ABC, close the account of any User and/or take other steps it considers necessary for compliance with these Terms and for the proper functioning of the website and/or application of Banco ABC, at any time, pursuant to the terms of the governing law and regulations.

Banco ABC is exempt from responsibility in the event the website and/or application of Banco ABC remains off the air temporarily for maintenance or in the event of damage, failure or loss of any nature caused by faults in the performance of the system, errors, omissions, interruptions, defects or delays to operations or transmissions, viruses, trojan horses, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created, resulting from the User browsing the Internet or faults in the line or system, server or Internet connection, even where Banco ABC or its representatives are notified of the possibility of such damages, losses or expenses.

Banco ABC shall not be responsible for any improper use of the information, instruments, materials made available and/or equipment used by the website and/or application, for whatever purposes, on the part of the User, and the latter shall be fully responsible for any violations of proprietary or third-party rights caused, or not, by such improper use.

Banco ABC takes no responsibility for the content of any other websites that may be available on the pages of the website of Banco ABC, or whose website address is available on it. Users are recommended to read the terms of Use, the Privacy Policy and other legal documents of the websites they access using external links contained on the site and/or application of Banco ABC, in addition to acting in accordance with the provisions of those texts.

To access restricted information and services, it may be necessary to register on the website and/or application of Banco ABC by creating a profile and password and/or by providing all or some personal information for registration. Other registration data for identifying the User may be obtained from public information sources and/or through service providers hired for this purpose and under the duty of confidentiality of the latter. User names and passwords may only be used by the registered User, and it is expressly forbidden to share log-ins and/or password with any third parties. Users are fully responsible for the safekeeping, secrecy and proper use of their registered user names and passwords, holding Banco ABC exempt from any responsibility. Moreover, if any anomalies are identified in the access or transaction standards originating from this User, the information security team or other related areas of Banco ABC will take all proper steps to verify the incident, which may also include denying access temporarily without prior notification to the User.

Users are responsible for the exactness and veracity of the data they provide, recognizing that any inconsistencies will result in their being barred from accessing the site and/or using the application of Banco ABC. 

Banco ABC shall retain the data informed and registered on account of legal and/or regulatory obligations or, moreover, whose retention is necessary for complying with a court order within the scope of lawsuits and/or administrative proceedings and points raised by third parties arising from the activities carried out by the User on the site and/or application. 

Banco ABC has a User Privacy Policy for the websites and applications of Banco ABC, an integral part of these Terms governing how registration information and other information and data collated are treated. Users must be familiar with these regulations.

Unless otherwise stated, all content of the website and/or application of Banco ABC, such as information, materials, instruments, organization of the page, graphics, images, videos and drawings belong to Banco ABC or to third parties who have legally assigned their right of use, being forbidden its use by the User.

By means of the website and/or application of Banco ABC, Users must not use any corporate name, trademark, domain name, slogan or advertising expression or any distinctive logo or intellectual property asset belonging to Banco ABC.

Tolerance by Banco ABC of any non-compliance with any of the provisions of these Terms by any User will not represent a waiver of the right to demand compliance with the obligation, not even pardon or amendment of what is contained herein.

These Terms are governed by Brazilian legislation. Any disputes or controversies arising from any acts committed within the scope of the use of the websites and/or application of Banco ABC by Users, including involving non-compliance with these Terms or the violation of the rights of Banco ABC, other Users and/or third parties, including intellectual property, confidentiality and personality rights will be submitted to the Judicial District of the Capital of the state of São Paulo.

Privacy Policy:

The privacy policy of Banco ABC is based on the principles of its commitment to transparency and respect for relations with the Users of the website and/or application of Banco ABC.

The personal information of Users of the website and/or application of Banco ABC will be collected and kept in accordance with strict standards of confidentiality and security, and will only be shared with third parties in accordance with the law, as long as this is required for rendering of services and under their duty of confidentiality. In this respect, the User hereby warrants that they are aware of and authorize the sharing of their information under the terms provided herein.

All user information collected traffics securely, using a standard Internet cryptography process.

Users have access to contact channels with Banco ABC. To clarify any doubts and/or problems regarding the Privacy Policy, contact your Commercial Manager. If you are not yet a client, dial 0800 724 7411 and talk to our Consumer Service Unit. If the problem persists, contact our Ombudsman on 0800 725 7595.

User information may be collected when the User themselves registers on the User on the website and/or application of Banco ABC, by consulting public and/or private information in accordance with the law, by using the User’s browsing history on the site and/or application of Banco ABC (“Browsing History”).

Our websites contain links to other external websites whose content and privacy policies are not the responsibility of Banco ABC. Banco ABC does not have access to the information collected on the websites directed by these links.

The User warrants and agrees with the collection, storage, treatment, processing and use of the information sent and/or transmitted by them in accordance with the terms established in this Policy and with respect for the prevailing legislation regarding the confidentiality of the information.

User information is collected, stored, treated, processes and used by Banco ABC for the following purposes:

 (i)   to develop, maintain and enhance the resources and functionalities of the website and/or application of Banco ABC;

(ii)   to enable users to access and use the resources and functionalities of the website and/or application of Banco ABC;

(iii)  to analyze the performance of the website and/or application of Banco ABC, measure the traffic to the website and/or application of Banco ABC, verify User browsing habits on the website and/or application of Banco ABC, the manner in which they arrived at the page of the website and/or application of Banco ABC (for example, through links on other sites, search engines or directly via the URL), evaluate statistics involving the number of accesses and the use of website and/or application of Banco ABC, its resources and functionalities;

(iv)  analyses involving the security of the website and/or application of Banco ABC, enhancement and development of anti-fraud tools;

(v)   to improve the User browsing experiences on the website and/or application of Banco ABC;

(vi)  to enable the provision of more services that are more personalized and appropriate for the users’ needs, such as profile pages, updates, content and relevant advertisements;

(vii)  to enable communication between Users and Banco ABC, including by sending and receiving e-mails;

(viii) to identify the profiles, habits and necessities to occasionally offer the services and strategies of Banco ABC.

Banco ABC will register all activities carried out by users on the website and/or application of Banco ABC, using logs that will contain:

–User's IP address;

– Actions by Users of the website and/or application of Banco ABC;

– Pages accessed by Users on the websites and applications of Banco ABC;

– Dates and times of each action and access to each page by the User;

– Information about the device used by the User, version of the operating system and browser;

– Session ID, when available.

The registers mentioned in the previous paragraph may be used by Banco ABC in cases of fraud investigation or improper alterations to its systems and records.

Banco ABC may, for audit purposes and the preservation of rights, retain the records of User data and information for the maximum period stipulated in law, and it is entitled to definitively exclude it at its own convenience.

Users also authorize being contacted via e-mails, Short Message Service (SMS), WhatsApp and other technological resources and by telephone.

Transaction that take place within the electronic environment will be accepted and considered valid by the User as an effective means of proving authorship, authenticity, integrity and confidentiality and, if closed on the telephone, they may be recorded. The use of a token with the indication of a numerical code, the PUSH option for their cell phones, security phrases, services de mobility, cell phone mobility services, geolocalization and digital biometry on their cell phone may be used as means of validating and authenticating the transactions closed by the User.