Special terms & conditions of use for Caisse des Depots' Ciclade website
This website is an online service allowing Internet users to make enquiries to Caisse des dépôts et consignations (hereinafter "Caisse des Dépôts") under Act No. 2014-617 of 13 June 2014 on dormant Bank accounts and unclaimed life insurance policies ("Act of 13 June 2014").
This Act requires insurance bodies, financial institutions and Employee savings bodies to deposit, with Caisse des Dépôts, sums sitting in dormant bank accounts and unclaimed capitalisation bonds and contracts and life insurance policies.
Pursuant to said Act and its application texts, Caisse des Dépôts keeps said sums with a view either to returning them to their rightful beneficiaries or to transferring them to the State, once a certain period of time has lapsed.
The Website has been designed in this context.
To access the Website and all its features, the User shall agree to these Special Terms & Conditions of Use (hereinafter "Special T&Cs") as well as the Standard Terms & Conditions of Use (hereinafter "Standard T&Cs") of Caisse des Dépôts' website, which can be accessed at "www.caissedesdepots.fr".
These Special T&Cs, which have the value of a member agreement, set out to define the terms and conditions for accessing and using the Website, without prejudice to the applicable legal provisions.
Article 1. Definitions
Bank Account: refers to accounts coming within the scope of the Act of 13 June 2014 opened in the books of credit institutions mentioned in Title I of Book V of the Monetary and Financial Code, e-money institutions and payment institutions mentioned in Title II thereof and the books of persons/entities supplying investment or related services stipulated in Articles L.321-1 and L.321-2 of Said Code.
User's account: User’s personal access to his or her Personal account.
The User's account enables User authentication through a username (login) and password.
Standard Terms & Conditions of Use: refers to the contractual document governing use of the Website.
Special Terms & Conditions of Use: refers to this document.
Claim: steps taken by the User through his or her Personal account on the Website to send Caisse des Dépôts the necessary supporting documents so that the latter can perform an in-depth analysis of the information and supporting documents submitted by the User and by the Institutions.
Public area: refers to the first part of the Website where Users can enter a Search. This part is accessible to all Users.
Personal account: refers to the online service accessible from the Website and provided by Caisse des Dépôts for any User, whom the latter has informed that their Search has yielded a possible match, to submit a Claim after creating a User's account.
Institution(s): refers to any entity subject to the Act of 13 June 2014.
Caisse des Dépôts Group: refers to Caisse des Dépôts, its subsidiaries and companies over which Caisse des Dépôts exercises control, its economic interest groups and/or associations of which Caisse des Dépôts is a member and which carry out an activity on behalf of Caisse des Dépôts or its subsidiaries or their staff and whose executive powers are held by Caisse des Dépôts or an entity of the group.
Search: steps taken by a User on the Public area of the Website, with a view to submitting information to Caisse des Dépôts so that the latter can begin to analyse any matches between data communicated by the User and data in Caisse des Dépôts' possession.
Website: refers to the website that can be accessed at the following address: "ciclade.caissedesdepots.fr" and from which any User may enter a Search and submit a Claim to Caisse des Dépôts under the Act of 13 June 2014. The Website comprises a Public area and a Personal account access page.
User: refers to any person accessing, browsing on or using the Website.
The User must be the Holder of the Bank account, Life insurance policy, capitalisation contract or bond regarding which the Search and Claim are being made on the Website, or the entitled parties thereof (corporate proxy, legal proxy or proxy by agreement (in terms of legal proceedings), Legal representative, heirs, creditors and solicitor/notary in charge of the holder's or Policyholder's estate) or the beneficiaries.
Article 2. Acceptance of the Special T&Cs – Duration - Update
The Special T&Cs enter into force from the date they are put online until new Special T&Cs replace them, and apply to all Users.
Accordingly, all use of the Website is subject to compliance with the Standard T&Cs of Caisse des Dépôts' website as well as compliance herewith.
By accessing and browsing the Website, the User acknowledges having read the terms & conditions of use (Standard and Special T&Cs) and accepts them freely and unreservedly.
Because of the tighter security of the Personal account, when creating their User's accounts, Users shall have to expressly accept the Standard and Special T&Cs by checking a box.
Caisse des Dépôts may update the Standard and Special T&Cs at any time.
As a result, the User is asked to refer, at regular intervals, to the most recent version in force, which is applicable to the User as soon s/he accesses, browses on the Website and logs into his or her Personal account.
The Special T&Cs are subject to French law and come under the jurisdiction of the French courts.
Should a User not wish to abide by the Standard and/or Special T&Cs when using the Website, s/he is asked to cease browsing thereon.
Article 3. Conditions of access
3.1 Technical prerequisites
Access to and use of a Personal account require the following minimum configuration:
- On Windows 8
- Microsoft Internet Explorer 11 and above
- Mozilla Firefox v41.0.2 : most recent version
- Google Chrome v47.0
- On OSX
- Safari v9.0.1
To obtain one of these browsers: the User can download it from the Microsoft, Mozilla Firefox and Apple websites.
3.2 How to create a User's account
The User accesses the Website via the Internet communications networks.
Any User acting on behalf of the Bank account holder, capitalisation bond, contract or life insurance policyholder (Natural person or Legal entity) must have and, where applicable justify, a proxy document to access and use the Website on behalf of the person s/he is representing.
Pursuant to the Act of 13 June 2014, the solicitor/notary in charge of the Estate assets with a view to settling the estate for which s/he has been appointed proxy shall obtain, on request, from Caisse des Dépôts the information in the latter's possession as well as payment of the sums deposited for returning to the entitled parties. The solicitor/notary shall attach the proxy document authorising him/her to act on behalf of the entitled parties.
The Personal account may only be accessed by Users who have been informed by Caisse des Dépôts that their Search has yielded a possible match.
Access to the Personal account is also subject to secure creation of a User's account via a password.
To be able to access their Personal accounts, Users must enter their usernames (the email address they gave when creating their User's accounts) and passwords.
The access Users are granted to their Personal accounts hereunder is personal and non-transferable.
When creating their User's accounts, Users shall, pursuant to Article 3.2 hereof, be asked to choose and indicate a username and password which are personal and confidential. They acknowledge being entirely responsible for keeping them confidential and remembering them. Users shall take sole responsibility for their disclosure, whether or not this was intentional. Caisse des Dépôts may not be held liable under any circumstances. If Users notice fraudulent use of their passwords, they undertake to notify Caisse des Dépôts thereof.
It will be considered that connections to the Personal account or submission of data using the username and password will have been done by the User under his or her responsibility.
Any User not complying herewith or with the Standard T&Cs may be barred access to the Personal account.
Caisse des Dépôts shall be entitled to suspend access to and/or use of the Website in the event of non-compliance herewith or with the Standard T&Cs by the User, as well as should an event arise affecting the security of the Website.
The Website can be accessed 24/7, unless a force majeure event arises (as recognised by French and European case law), a technical fault occurs, any maintenance operation takes place that is necessary for the Site to operate correctly or IT development is carried out on the Website.
3.4 Personal account management policy
Password management policy
The password must be between eight (8) and twenty (20) characters long.
It must contain at least three of the following characters:
- lower case letter
- upper case letter
- special character
After five authentication failures in a row, access to the User account is blocked. The User is then asked to reset his or her password.
The password remains valid for one hundred to four and twenty (180) days after its validation. Past this timeframe, the User must reset his or her password.
A previously unused password for authentication from the User's account must be created to reset it.
User's account management policy
Once the User's account has been created, this must be activated within forty-eight (48) hours. Past this timeframe, the User's account will be deleted.
Article 4. Personal account features
4.1 Claim summary
Once a Claim has been submitted, the User can download a summary of his or her Claim at any time.
4.2 Claim submission
Once the Claim has been submitted to Caisse des Dépôts, it is no longer possible for the User to edit it.
Once Caisse des Dépôts has received the Claim, it may ask for additional supporting documents.
4.3 Submission of supporting documents
Using his or her Personal account, the User shall send the supporting documents to Caisse des Dépôts that the latter needs to process his or her Claim.
The User is informed that submitting a Claim is dependent upon the submission of supporting documents.
If a Claim asking for the return of sums is successful, the User must furnish proof of registered bank (of the person to whom the sums are owed if the User is acting on behalf of the latter) so that Caisse des Dépôts can validate the Claim and transfer the sums.
Article 5. Undertakings on the part of the User
The User shall undertake not to save or submit data concerning his or her racial or ethnic origins, political leanings, philosophical or religious beliefs, membership of a union or political party, physical or mental health, sexuality or the commission of criminal offences or proceedings in or via the Personal account.
The User shall also undertake not to act in a manner that disrupts the Website or to use the Website in any illegal way whatsoever, and not to submit any offensive, violent or defamatory document.
More specifically, the User shall undertake to ensure that the documents submitted:
- and messages published do not pose a disruption to public order or affront to common decency, particularly by inciting crimes and offences, racial hatred or suicide, vindicating crimes against humanity, or contain pornographic elements;
- do not violate third party rights, particularly third party intellectual property rights; harm individuals (particularly through defamation, insults or abuse, etc.) or violate privacy;
- do not contain lies and have not been subject to forgery.
Article 6. Warnings
6.1 Processing the Claim
Pursuant to the Act of 13 June 2014, Caisse des Dépôts shall only process the Claim on the basis of information communicated by the Institutions and the User.
Caisse des Dépôts may not be held liable, therefore, when it will not have been aware of a decisive piece of information when processing the Search and/or Claim, which will have resulted in it giving an incorrect response.
6.2 Updating the Claim
The User is informed that the responses given by Caisse des Dépôts in terms of the Search and Claim are only valid on the day they are communicated to the User. Since Caisse des Dépôts depends on information communicated by the Institutions to process Searches and Claims, Users need to update their Search and/or Claim at regular intervals.
Should a Search or Claim not yield any possible data matches or confirmed deposit of sums on a specific date, users are therefore asked to enter a new Search another time, at regular intervals.
6.3 Identity theft
The Website must be used by duly authorised Users in the meaning hereof (see definition of the notion of User).
Theft of a person's capacity or identity is prohibited.
Article 7. Personal data protection
Personal data collected from the Website are processed by the Caisse des Dépôts in accordance with applicable legal and regulatory provisions and with its Personal Data Protection Policy available on its Website at https://www.caissedesdepots.fr/donnees-personnelles.
This article aims to inform data subjects of the specific terms of collection and processing of their data on the Website and, as such, complements the Caisse des Dépôts’ document on its Personal Data Protection Policy.
The personal data collected on the Website are intended for use by the Caisse des Dépôts. They will also be made available to our service providers and technical providers, strictly for the requirements of their task.
The purpose of processing collected data is to process applications for the Restitution of amounts on inactive bank accounts and life insurance contracts, unclaimed capitalisation bonds and contracts and which are subject to mandatory deposit to the Caisse des Dépôts under the Act of 13 June 2014.
In accordance with the Data Protection Act, the processing of personal data carried out through the Website was the subject of a positive opinion delivered by the CNIL in its deliberation no. 2016-048 of 25 February 2016, and of a decision rendered by the Director-General of the Caisse des Dépôts on 9 June 2016.
During such processing, the User provides the Caisse des Dépôts with a certain amount of personal data. Such data are mandatory and condition the access and use of the Website.
The data communicated through the teleservice for the processing of Applications are retained for a maximum period of 67 years.
Login details providing information on whether the user has carried out a Search on a type of product on a given date are retained for one year.
We inform you that your data will also be used :
- For the purposes of preventing and combatting fraud as part of our public interest mission and our legal and regulatory obligations,
- To meet vigilance, reporting and information requirements pursuant to regulations on the fight against money laundering and terrorist financing, within the limits of your interests and rights. In accordance with the provisions of Article L.561-45 of the Monetary and Financial Code, natural persons have an indirect right of access to the data concerning them which they may exercise by directly contacting the CNIL, 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07.
It is specified that in accordance with the positive opinion delivered by the CNIL in its deliberation no. 2016-048 of 25 February 2016, and with the decision rendered by the Director-General of the Caisse des Dépôts on 9 June 2016, Users do not have the right to object when the processing carried out by the Caisse des Dépôts meets a legal obligation.
The User, acting in the capacity of a duly authorised representative of a legal entity, agrees to inform the natural persons whose personal data he/she provides of this information.
Article 8. Proof Agreement
Data and digital evidence stored in Caisse des Dépôts' IT systems under conditions compliant with current practice will be considered proof of communication and submissions carried out between the parties in application of the Standard T&Cs.
Should a conflict arise between Caisse des Dépôts' data and digital evidence and any written document or electronic file in the User's possession, it is expressly agreed that the former shall prevail over the latter and alone shall be admitted as proof.
Article 9. Contact details