Banca Transilvania S.A. is a credit institution, a Romanian legal entity, with its registered office in Cluj-Napoca (Romania), Calea Dorobanților, no. 30-36, postal code 400117, and with an Italian Branch in Rome, Via Baldo degli Ubaldi 184/B, postal code 00167, also entered in the Register of Banks kept by the Banca d'Italia under code 3437.1, Tax Code 12530711006, VAT number and registration number with the Companies Register of Rome: RM – 1381265.
This document, containing the economic and contractual conditions for the provision of the Internet Banking service ( MOBILE BANKING THROUGH THE BT PAY SOFTWARE APPLICATION) for the use of the current account by consumer clients.
General terms and conditions of the Internet Banking agreement (mobile banking through BT Pay)
For the purposes and effects of the provisions set out below, the terms listed below, where capitalised, shall have the following meanings, unless the context provides otherwise:
- Bank: Means Banca Transilvania S.A., with its registered office in Cluj-Napoca (Romania), Calea Dorobantilor, no. 30-36, postal code 400117, Italian branch with its office in Rome, Via Baldo degli Ubaldi 184/B, postal code 00167, entered in the Register of Banks kept by the Banca d’Italia under code 3437.1 - Tax Code 12530711006, VAT number and registration number with the Companies Register of Rome: RM – 1381265
- BT Pay: Software application developed by Banca Transilvania, through which the registered Client may carry out payment transactions, open and close deposits and current accounts, as well as other operations indicated in the user guide published at the following link: https://bancatransilvania.it/ghid-de-utilizare-bt-pay-italia-en
- Security Code: Means a personal password/PIN code which enables the Client to be identified by the Bank in order to access all the services made available from time to time
- Client: the natural person who, by signing the Internet Banking Agreement, becomes a user of the service; such person is the holder of the main linked current account
- Force Majeure: Means an event of such force that it is objectively impossible to resist; by way of example, staff strikes, floods or other natural events which prevent the Bank from operating, interruptions or malfunctions of telephone or electronic systems
- Business Day: Business Days are deemed to be the days on which the Bank carries out fund transfer operations, including Half-Holidays (that is to say, the eve of Santa Maria/Ferragosto (Assumption Day), Christmas Eve, 31 December and, in each locality, the day dedicated to the feast of the Patron Saint, except in Rome, where the feast of the Patron Saint - 29 June - is considered a non-working day), with the exception of the following non-working days:
- in Italy: 1 January – Capodanno (New Year’s Day), 6 January – Epiphany, Easter Monday (Pasquetta) - variable date, 25 April - Liberation Day, 1 May - Labour Day, 2 June - Republic Day, 15 August - Ferragosto (Assumption of the Virgin Mary), 1 November – All Saints’ Day, 8 December - Immaculate Conception, 25 December – Christmas Day and 26 December - Santo Stefano (St Stephen’s Day), to which are added all the days considered public holidays by correspondent banks/external clearing systems in the case of Payment Transactions carried out through such systems.
- in Romania: 1 and 2 January; 6 January; 7 January; 24 January; Good Friday of the Orthodox Easter; the first and the second day of Orthodox Easter; 1 May; 1 June, the first and the second day of Rusalii (Pentecost); 15 August; 30 November (Sant’Andrea – St Andrew’s Day); 1 December; the first and the second day of Christmas
Saturday is considered a non-Business Day for interbank payments (issued to other banks) and is considered, together with Sunday, a Business Day for intrabank payments (issued within the same Bank)
- Valid Reason: Means any event, change of facts and/or of circumstances which has or may have a significant adverse consequence for the Bank, also from the standpoint of compliance with prudential and anti-money laundering rules, including those consisting of changes in general economic conditions as compared with the date of signature of this Agreement, which may be reflected in an increase in the Bank’s operating costs (for example, enhanced Client due diligence costs, interest rates, inflation, etc.) and/or in the Bank’s management decisions. With regard to transactions carried out with the Debit Card, a Valid Reason shall also be deemed to be the suspicion of fraudulent or unauthorised use of the Debit Card and/or of the Additional Card (such as, for example, transactions carried out by the Client and/or by a user other than the Client with the intention of obtaining undue advantages or of causing loss to the Bank or to the Merchant or to the Acquiring Bank), or any event, change of facts and/or of circumstances which entails an adverse consequence from the standpoint of the security of the Card; a significant increase in the risk that the Client will not comply with its payment obligations towards the Bank.
- BT Pay Application User Guide: Manual containing instructions on how to use the Internet Banking service through the BT Pay mobile application, available for download at the link https://bancatransilvania.it/ghid-de-utilizare-bt-pay-italia-en and, upon request, also at the Bank’s premises.
- Payment Transaction or “Transaction”: the activity carried out on the instructions of the Payer or of the Payee to transfer funds, including by means of a SEPA direct debit order; in addition, the following possible operations carried out with the Debit Card are defined as Transactions:
- payment of the countervalue of goods/services at the POS terminals of Merchants displaying the logo of the card’s Payment Scheme (Visa);
- contactless payments for goods and services at the POS terminals of Merchants displaying the logo of the card’s Payment Scheme (Visa) and the specific contactless payment symbols;
- Internet transactions;
- cash withdrawals by means of ATMs and POS terminals installed at the branches of banks which display the logo of the card’s Payment Scheme (Visa);
- other operations available at the terminals installed by banks, in Italy (i.e. account balance enquiries, etc.).
Other operations that may be carried out with the Card at terminals displaying the logo of the card’s Payment Scheme (Visa)
- Art. 1 (Subject matter and content of the Service. Costs)
The Internet Banking service enables the Client to carry out enquiry, viewing and instruction operations on all the current accounts held in the Client’s name, as made available by the Bank also in the light of technological developments and of the development of the service, by connecting to the computer network through the use of a smartphone or by other means specified by the Bank from time to time. The operations that may be carried out through Internet Banking and the related costs are set out in the Summary Documents referred to in Part A of this Agreement.
Art. 2 (Methods of use of the service)
- 2.1. The Bank offers natural persons of legal age with tax residence in Italy the service of opening a current account online, directly through the BT Pay mobile application. In addition, Clients of the Bank who already hold a current account may access the application after completing the registration process.
- 2.2. Registration in BT Pay entails the application by the Bank of the strong customer authentication procedure, in accordance with the legislation in force on payment services.
- 2.3. For clients who open a current account with the Bank online through BT Pay, in order to complete the process, certain personal data will be processed as specified in the Information Notice available at this link: https://bancatransilvania.it/nota-de-informare-privind-prelucrarea-datelor-personale-pentru-deschiderea-prin-bt-pay-en whereas for existing BT Italia clients, personal data will be processed for identification in the application, as described in the information notice available at this link: https://bancatransilvania.it/storage/app/media/Documente/Bt-Pay-Italia/nota-informativa-relativo-al-trattamento-dei-dati-personale-ai-fini-dellidentificazione-in-btpay-dei-clienti-btitalia.pdf. These notices also contain details on the processing of biometric personal data, used with the client’s consent in the process of opening the current account and for identification through BT Pay. The client shall use the functionalities of the secure BT Pay mobile app, which must be installed on a mobile telephone or on other mobile devices indicated by the Bank, lawfully in the Client’s possession and connected to the Bank via the Internet. In order to make use of all the BT Pay functionalities available to Clients of the Bank, including the registration of payment cards in Google Pay or Apple Pay, the Bank will process personal data as indicated in the Information Notice available at this link: https://bancatransilvania.it/politica-de-confidentialitate-bt-pay-italia-en
- 2.4. The application may be used only if the mobile device is protected by a Security Code, fingerprint or another security method provided by the device itself. Upon registration in BT Pay, a check is carried out as to whether the telephone or mobile device used is adequately protected. Thereafter, each time the application is accessed, a check is carried out as to whether the device is secure.
- 2.5. The application is compatible with the iOS and Android operating systems and must be installed exclusively through the dedicated official stores (Google Play Store for Android, Huawei App Gallery for Huawei devices without access to Google services, and App Store for iOS).
- 2.6. The Client acknowledges and accepts that not all the BT Pay functionalities will be active on all mobile devices.
- 2.7. Where the Bank organises promotional campaigns in which it offers BT Pay users the possibility of receiving personalised links for downloading the application, BT Pay may also be downloaded by that means.
Art. 3 (Strong Authentication)
- 3.1 In accordance with the applicable legislation, the Bank protects the security of the Client’s data and of the instruction operations carried out through the Internet Banking service by using a “strong authentication” procedure (or “strong authentication”) which the Client must carry out in order to make use of the service and for the Transactions instructed, with the exception of those deemed to be exempt under that legislation.
- 3.2. Access to and use of the service take place by entering the Security Code set by the Client/User after completion of the identification process or through the use of the biometric data (fingerprint/facial recognition) stored on the Client’s own telephone, should the Client choose to activate and use them for BT Pay. These methods will be used both for the authentication and for the authorisation of Transactions in the application, in accordance with the details specified in the BT Pay Application User Guide, available for download at the link: https://bancatransilvania.it/ghid-de-utilizare-bt-pay-italia-en
- 3.3. In order to ensure the security of the service, after 5 incorrect access attempts the Internet Banking service will be blocked and, in order to access the application again, the Client/User will be required to complete the identification procedure once more.
- 3.4. The use of the Security Code or of the biometric data stored on the telephone constitutes sufficient proof of the identification of the Client and/or of the User as the legitimate user of the service. The Bank has the right to modify the Client/User identification systems, as well as the security systems, upon prior notice to the Client/User.
- 3.5. The Client/User have the right to change their Security Code at any time.
- 3.6. The use of the Security Code or of the biometric data stored on the telephone, carried out in the manner indicated by the Bank, allows the Client/User to access the services made available by the Bank at the time of access. In particular, the Client/User are required to enter the Security Code or the biometric data stored on the telephone in the BT Pay application for the verification and authentication stages; the entry of such code or of the biometric data must take place in accordance with the technical methods indicated by the Bank depending on the service requested. Failure to enter the information indicated above or failure to comply with the technical methods of access to the services, as indicated in the BT Pay Application User Guide drawn up by the Bank, will result in the impossibility of accessing those services.
- 3.7. The Security Code is not known to the Bank’s staff. The Client/User are obliged to keep it secret and are responsible for its safekeeping and its correct use, as well as for any unlawful use thereof, whatever the cause, including where the unauthorised use is due to loss or theft, under the conditions provided for in this Agreement.
- 3.8. The Client is entirely responsible for the direct or indirect, total or partial, voluntary or involuntary disclosure of the Security Code to third parties. Any disclosure will be regarded by the Bank as a mandate authorising the third party’s access to the service.
- 3.9. The Client/User have the right, in any event, to make payments at merchants through the BT Pay application by holding the device directly to the compatible payment terminal (contactless NFC), using the telephone’s security method (fingerprint, facial recognition or Security Code), without the need to log into the application manually.
Art. 4 (Intellectual property)
- 4.1. The Client expressly declares that it is aware that all the graphic design, the content of the BT Pay application and the accessible audio-video materials are the property of the Bank. An exception is made for information and graphic elements belonging to other entities, which are the property of the Bank’s partners.
- 4.2. The Client understands and accepts that any software used in connection with the services offered through BT Pay contains confidential information protected by the laws on intellectual and industrial property and by other applicable legislation.
- 4.3. The Client/User undertakes not to reproduce, copy, sell or exploit the services, the information and/or the audio-video materials to which it has access through the use of the BT Pay application, not even in part.
- 4.4. The Client/User do not have the right to modify, copy, rent, assign, lend, sell, distribute or create derivative materials based on the services or on the programs used in the BT Pay application.
Art. 5 (Services available for use, methods of use)
5.1. Within the scope of the operations available with settlement on the current account, the services that may be used through the Internet are set out in the Summary Documents included in Part A of this Agreement.
5.2. The functionalities available in BT Pay are described in detail in the specific guide - https://bancatransilvania.it/ghid-de-utilizare-bt-pay-italia-en.
5.3. The Service is active from 00.00 to 24.00, every day of the year with the exception of:
- as otherwise indicated by the Bank by means of written communications or communications published in the BT Pay application;
- as provided for by Articles 6.4 and 6.5 of these general terms and conditions.
5.4. The information requested by the Client is provided with regard to the status of the relationship as it stands at the time of the request, which status, as regards the movements of the day, is subject to possible changes as a result of the final recording of the Transactions occurring during the current Business Day. The Bank makes available free of charge the information relating to the Transactions carried out with the Internet Banking service. The Client may at any time request the Bank to receive the economic conditions and the rules governing the service.
Art. 6 (Liability for the use of the Internet Banking service – Loss or theft of the codes - Suspension and interruption of the service)
- 6.1. The Client is liable for all the operations carried out, in whatever manner and by whomever, by means of the Internet Banking service. In the event of loss or theft of the Security Code and/or of the mobile telephone used to access the BT Pay application, the Client/User is obliged to request the blocking of the Internet Banking service by telephoning the Bank’s dedicated call centre at the numbers 0040 264 594337 or 0039 06 8596 0209 and, in any event, within a maximum of 48 hours, the Client/User are required to confirm the blocking request by registered letter, enclosing a copy of the report filed with the competent Authorities.
- 6.2. In addition, the Client/User are obliged to notify the Bank immediately, without undue delay and by the same means, of any other security breach relating to the Internet Banking service of which they become aware.
- 6.3. In the event of a breach by the Client and/or by the User of the notification obligations set out in Articles 6.1 and 6.2, the Client assumes full liability for any unauthorised Transaction carried out through the application, including access to banking information or the updating of data.
- 6.4. The Bank reserves the right to suspend or to terminate the Internet Banking service at any time and even without prior notice, where a Valid Reason arises in connection with the security of the service or with the suspicion of fraudulent or unauthorised use of the service itself.
- 6.5. The Bank is exempt from liability towards the Client for suspensions/interruptions of the service carried out on the basis of the provisions on combating money laundering and terrorist financing, whether laid down by law or by regulation, as well as where events of Force Majeure, including strikes at the Bank, make it impossible to receive and/or send and/or process the electronic flows, resulting in the failure to provide the service.
- 6.6. The Bank shall notify the Client of the suspension/interruption of the service by means of BT Pay, SMS, telephone or e-mail, where possible in advance or at the latest immediately thereafter, unless such information cannot be provided because it would be contrary to public policy or public security objectives identified pursuant to the legislation in force, or where other justified grounds preventing it arise on the basis of the provisions on combating money laundering and terrorist financing, whether laid down by law or by regulation, without assuming any liability whatsoever for such possible temporary suspensions, or for the sudden termination of that service.
- 6.7. Where the Client/User forget the Security Code, they will be required to go through a new identification procedure. Once the identification has been completed, the Client/User will be able to set a new Security Code.
Art. 7 ( Obligation to comply with available funds)
The Client/User are, for instruction operations, in any event required to operate within the limits of the available balance of the Account.
Art. 8 (Instructions provided by the Bank, liability of the Client)
The Client/User are required to follow the instructions provided by the Bank for the use of the Internet Banking service set out in the BT Pay Application User Guide, available for download at the link https://bancatransilvania.it/ghid-de-utilizare-bt-pay-italia-en , the Client remaining in any event liable for damage of any kind, direct or indirect, caused to the Bank itself and/or to third parties by the failure to comply with those instructions.
Art. 9 (Recording of data)
The Bank undertakes to store in legible form the collection and payment instructions for a period of ten years, as required by Article 2220 of the Civil Code, save for the longer periods laid down by special laws.
Art. 10 (Termination or modification of the BT Pay service)
10.1. The use of the BT Pay application may cease in the following situations:
- at the Client’s initiative, by uninstalling the application from the mobile device;
- at the Bank’s initiative, where the user breaches the provisions of the Internet Banking General Terms and Conditions;
- upon termination of the Current Account and Ancillary Services Agreement entered into between the Client and the Bank.
10.2. The Bank reserves the right to add new functionalities from time to time or to withdraw the BT Pay service. In the event of withdrawal of the application, the Bank is obliged to inform the Client with at least 60 days’ prior notice.
Art. 11 (Other cases of limitation of the Bank’s liability for the use of BT Pay)
11.1. The Client acknowledges and accepts that the Bank is not liable for any damage caused to the mobile device used with BT Pay, and is likewise not liable for any security breach caused by viruses, errors, fraud, forgery, omissions, interruptions, malfunctions, delays in the execution of the Transactions or in transmissions, problems with the computer lines, network failures or any other technical malfunction that may occur, since the Bank cannot control the operating system used by the mobile device in question.
11.2 In addition, the Bank shall not be liable for:
- any breach of the legislation on the processing of personal data relating to the telephone numbers entered by the Client or by the User in the BT Pay application in order to carry out transfers based on the telephone number;
- the content or the services/discounts provided or granted by the Bank’s commercial partners through the offers displayed in BT Pay, nor for the unavailability or the failure to update such offers;
- any loss or corruption of data present on the mobile device on which the BT Pay application is installed, where such loss or corruption is not caused by the Bank or is not within its control.
11.3. In addition, the Client and the User acknowledge and accept that the Bank may not be held liable towards the Client and/or the User for any type of indirect damage, including loss of profit, loss of the opportunity to exploit business opportunities or any other similar loss which may arise from the malfunction or the defective functioning of the BT Pay application and of the related services.
Art. 12 (Obligations of the Client/User in the use of BT Pay. Penalties)
12.1 The Bank has the right to limit or to interrupt the access of the Client/User to BT Pay, as well as to receive compensation for the entire loss suffered, where they:
- did not, at the time of registration, have the right and the full capacity to access and use the BT Pay application;
- are not the holders of the payment cards registered in BT Pay;
- have not uninstalled BT Pay where they are no longer in possession of, or no longer use, the mobile device on which it was originally installed;
- have falsified or provided incorrect information regarding their identity or their intentions with regard to BT Pay;
- have used, distributed or provided information or materials which are unlawful, false, fraudulent, offensive or contrary to public policy and morality;
- have resold, distributed or improperly used the content of the BT Pay application and the services offered;
- have used BT Pay in an abusive manner, in bad faith or for fraudulent purposes.
12.2. In addition, the Bank is not liable for any damage, direct or indirect, suffered by the Client/User as a result of the use of the BT Pay application in the following cases:
- they have not maintained a method for unlocking the mobile device;
- where they have chosen to activate biometric authentication (e.g. Face ID or fingerprint), they have allowed the biometric data of other persons to be registered on the device used, considering that access to the application and the authorisation of transactions could be carried out with any biometric data stored on the device;
- they have entered in BT Pay the telephone number of the payee of the payment, the IBAN code or other incorrect data; in such case, the Client shall remain solely liable for the transfer of any sum to an incorrect account or in any event to an account not belonging to the intended recipient;
- they have not ensured and maintained the security of the mobile device used in BT Pay, in accordance with the manufacturer’s recommendations and good practice;
- they have not updated the operating system of the mobile device in accordance with the manufacturer’s recommendations or have used unofficial versions;
- they have deactivated the security measures of the operating system of the mobile device;
- they have installed BT Pay from sources other than the official ones (Google Play Store, Huawei App Gallery or App Store), published by Banca Transilvania;
- they have installed applications from unofficial sources, thereby compromising the security of BT Pay;
- they have installed applications/computer programs which allow remote access to or remote control of the mobile device (telephone) and/or have allowed other persons to access the mobile device on which the BT Pay application is installed.
Art. 13 (Specific provisions for BT Pay users in the United States)
If the Client/User is a user of the BT Pay application in the United States of America (that is to say, holds identity documents issued by the competent authorities of the United States, has United States tax residence or citizenship), the Client/User accepts the following:
- waiver of class actions: any claim or dispute relating to the processing of personal data (including, but not limited to, biometric data) by the identity verification service provider used in the BT Pay application, known as "Onfido", may not be the subject of class actions ("class action") brought before the courts of the United States of America.
- given that the Client has the status of a consumer, any dispute referred to in point i) shall be settled by the Court in whose district the place of residence or elected domicile of the Client is located, which shall apply Italian law.
Art. 14 (Reference to rules)
For any matter not expressly provided for by the provisions of these General Terms and Conditions, the rules governing the current account relationship and the connected services shall be deemed directly applicable. Accordingly, for anything not provided for in these General Terms and Conditions, the rules relating to the transmission of orders, instructions and directions, and to the exchange of information between the Client and the Bank, contained in the General Terms and Conditions governing the individual services provided or offered by the Bank to the Client, and to which the Client has adhered (by way of example, general terms and conditions relating to the correspondence current account for consumers, general terms and conditions for the provision of payment services for consumers), shall remain in force.
Art. 15 (Access to and execution of operations through BT Pay on the accounts existing with Banca Transilvania Romania)
- 15.1. Access to the Client’s current accounts existing with Banca Transilvania S.A. in Romania through the BT Pay application takes place in compliance with Romanian legislation and in accordance with the economic and contractual conditions applicable to such accounts.
- 15.2. The Transactions carried out with settlement on these accounts are therefore governed by Romanian legislation, including the provisions relating to payment services, consumer protection and dispute resolution.
- 15.3. Accordingly, the availability of the application in the Italian language does not alter the law applicable to the contractual relationships concerning the current accounts opened in Romania and does not entail an extension of the conditions provided for in this Agreement to such contractual relationships.
