HSBC Epargne Entreprise Ombudsman’s charter

Status of the ombudsman

The consumer ombudsman is appointed through a transparent procedure by a collegiate body under the aegis of the Financial Sector Consultative Committee and registered in the list of consumer ombudsmen by decision of the Consumer ombudsman evaluation and control commission. It exercises its mission in the framework of the fixed but renewable three-year mandate. The consumer ombudsman is appropriately resourced to fulfil its mission guaranteeing its independence. He promptly informs beneficiaries of employee savings accounts of any circumstances likely to affect his independence, impartiality or create a conflict of interest. In this case, the beneficiary of an employee savings account can oppose the continuation of the consumer ombudsman’s mission.

Consumer ombudsman's scope of competence

Litigation concerning the consumer ombudsman may be laid to examine all existing litigation between the organisation and natural persons beneficiaries of an employee savings account acting for purposes outside a commercial, industrial, profession, agricultural or self-employed capacity, regarding: - The application by HSBC Epargne Entreprise. of its obligations under services to beneficiaries whether or not they were provided by the intermediary of the company mentioned in the account opening agreement; - Execution of the account opening agreement made between the company on its beneficiaries’ behalf. Financial litigation Financial litigation mainly concerns: marketing of financial products, portfolio management, transmission and execution of stock market orders, holding of ordinary or PEA securities accounts, funds and alternative funds, employee savings, transactions in forex financial instruments. Litigation relating to the AMF Ombudsman's scope of competence. However, the HSBC France consumer ombudsman has signed an agreement with the AMF ombudsman empowering him to deal with litigation under the terms set out in the agreement. In this case, the beneficiary of an employee savings account, at his/her sole discretion, can address all or part of their financial litigation either to the AMF ombudsman or the HSBC Epargne Entreprise consumer ombudsman. Anyone who contacts one of the two ombudsman cannot, under article L.612- 2 of the Consumer Code, apply to the other ombudsman. Excluded litigation The ombudsman cannot deal with consumer litigation relating to:

• litigation between professionals;
• claims brought by the beneficiary of an employee savings account against the organisations customer service department;
• direct negotiations between the beneficiary of an employee savings account and the organisation;
• attempts at reconciliation or mediation ordered by a court hearing the consumer litigation;
• procedures launched by the organisation against the beneficiary of an employee savings account;
• litigation relating to the general policy on the employee savings custody account-holding institution.

Recourse to consumer mediation services

The consumer ombudsman service is free for beneficiaries of an employee savings account. The consumer mediation procedure and its modes of access are contained in the general account holding terms and conditions and on the HSBC Epargne Entreprise website. The consumer ombudsman cannot examine a mediation request unless the beneficiary of an employee savings account has already tried to resolve their claim directly, first with the HSBC Epargne Entreprise Customer Service department (TSA20001, 93736 Bobigny Cedex 09) and second, if this was not satisfactory, with the General Management (HSBC Epargne Entreprise General Management , 15 rue Vernet, 75419 Paris Cedex 08). If the dispute cannot be settled within 2 months or in the absence of written response to the beneficiary at the end of this same period, the beneficiary of an employee savings account can apply to the ombudsman. The consumer ombudsman cannot be addressed in the following cases:

• if legal recourse or another consumer ombudsman application has already been heard or is being heard. If you have already applied to the AMF ombudsman and if the latter is declared competent, you cannot apply to the consumer ombudsman of the custody-account holder’s ombudsman.
• when the application comes more than a year after the written complaint to the custody account-keeper. The application to the consumer ombudsman must be in writing in either French or English:
• by mail to the following address: HSBC Epargne Entreprise consumer ombudsman, 103 av des Champs Elysées 75419 Paris Cedex 08
• online at: https://mediateur.hsbc.fr/ Each party shall cooperate in good faith with the ombudsman and send him all documents requested in a timely manner. The consumer ombudsman shall communicate, on request from one of the parties, all or part of the case documents. At every stage of mediation, the parties are able to seek representation from a lawyer or assistance from a person of their choice. Each party can also seek expert advice at their own expense. In the event of a joint expertise request, the costs will be split between the parties. The consumer ombudsman remains the intermediary between the beneficiary of an employee savings account and the custody-account holder throughout the process and even if the parties reach an agreement themselves.

Duration of consumer ombudsman services

As soon as a request is received from the beneficiary of an employee savings account with a copy of the complaint made previously to the custody-account holder and/or General Management, the consumer ombudsman decides whether it is valid. If it is valid, he informs the parties within three weeks by sending a receipt. If the request for mediation is considered invalid, he informs the consumer within three weeks. In the absence of an amicable agreement between the parties the ombudsman offers his proposed resolution within 90 days from the date of the receipt. He can extend this delay in the event of a complex case having previously notified the parties.

Outcome of consumer ombudsman’s mediation

The proposed solutions must be done by the consumer ombudsman in accordance with the law and/or equity. They must be given in writing and include a justification. He shall propose an amicable, fair and definitive solution to the litigation. The consumer mediation procedure ends when:

• the parties arrive at an amicable settlement under his guidance;
• the two parties accept or one party rejects the ombudsman’s proposed solution or fails to respond;
• one or other party indicates their intention to terminate the ombudsman procedure. The parties have one month from the date when the ombudsman issues his proposed solution to accept or reject it.

Consumer ombudsman and recourse to the courts

Applying first to the consumer ombudsman suspends any actions brought by HSBC Epargne Entreprise on the same matter, except for protective proceedings. While the ombudsman is considering the case, the time limit for bringing a lawsuit is suspended. If the disagreement persists, each party is free to bring their case to the courts.

Confidentiality - banking secrecy - good faith

The consumer ombudsman is bound by an obligation of confidentiality in the exercise of his mission. Any statements, declarations and opinions collected by the ombudsman and the proposed solutions cannot be produced or cited in any other procedure without the prior consent of the parties. By applying to the ombudsman the parties accept the lifting of banking secrecy as regards the communication of information necessary for the ombudsman to consider the case. The consumer ombudsman shall act in good faith by abstaining from representing or advising either of the parties in a procedure relating to the litigation under mediation. Regarding the GDPR (General Data Protection Regulation), the data provided to the ombudsman as part of a mediation:

• Shall be collected for the sole purpose of mediation and be considered personal data. The complainant, who may withdraw his/her request for mediation at any time, shall therefore not communicate any data unnecessary to the processing of the complaint.
• Shall be sent to the ombudsman and his office, designated correspondents in each bank and any IT sub-contractors.
• Shall necessarily be processed in the meaning of the GDPR so that the mediator can decide on the validity of the case and, if accepted, propose a solution.
• Shall be retained for 3 years from the closure of the case. The complainant can access, correct or delete their personal data, request a limit on processing, object to their processing or request the portability of data by contacting the HSBC France ombudsman. The complainant has the right to make a complain to the data protection authority - Commission Nationale de l’Informatique et Libertés (3, Place de Fontenoy TSA 80715 – 75334 PARIS Cedex 07).

Liability waiver

The ombudsman cannot be held liable to the parties except in the case of gross misconduct.

Annual report on Activity

Each year, the consumer ombudsman draws up a report on all the activities of the ombudsman's office. This activity report is available to the public on the website or on demand.