Terms of Use

In accordance with Law No. 2017-20 of April 20, 2018 establishing the Digital Code in the Republic of Benin, as amended, SOAGA S.A. has made a declaration to the Personal Data Protection Authority (APDP) under No. 2024-035/AT/APDP/DST/SC of May 29, 2024.

In any case, SOAGA S.A. only collects personal information relating to the user for the needs of the services offered by its services. The user provides their information with full knowledge of the facts, particularly when they proceed themselves or through a duly authorized third party to enter this information.

In accordance with the provisions of the aforementioned law, any user has a right of access, rectification, and opposition to the personal data concerning them, by making a written and signed request, accompanied by a copy of an identity document with the signature of the document holder, specifying the address to which the response should be sent. No personal information of users of services offered by SOAGA S.A. is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties.

SOAGA S.A. is a financial institution, if not the first, of sub-regional character specializing in asset management, with a capital of 500 million FCFA, whose head office is located in Cotonou - Republic of Benin, registered in the Commercial Register No. CREPMF SG/03-04 - RC No. 03/B/0841 - No. INSAE 2957412236139 at the following email address: infos@soaga.net, at the following numbers: Tel. +229 01 21 30 88 14 /15 - WhatsApp: +229 01 98 46 40 40 and accessible at the web address https://soaga.net/.

By using or accessing "SOAGA", as a visitor and/or user, you unconditionally accept all the CGU defined below. If you do not wish to accept these CGU, we ask you not to access "SOAGA". Any visit and/or use of the services must be done in compliance with these CGU.

SOAGA S.A. reserves the right to modify these CGU at any time, in whole or in part, to adapt them to the evolution of Services, technical, legal, or jurisprudential developments, or when implementing new services. The applicable CGU are those in force on the date of connection and use of "SOAGA" by the User.

SOAGA S.A. therefore invites the User to refer regularly to the latest version of the CGU.

Terms beginning with a capital letter within these CGU, whether used interchangeably in singular or plural, shall have the meaning given to them below:

"SOAGA ONE" refers to the web and mobile services edited and provided by SOAGA S.A., available via the App Store and Google Play for iOS/Android.

"SOAGA ONE" web is accessible at the web address https://customers.soaga.net/auth/login. The web and mobile services also include content, software, programs, tools (programming, navigation, ...), databases, operating systems, documentation, and all other elements and features that compose it, updates, and new versions that may be made to "SOAGA" by SOAGA S.A.

"Content" refers, without this list being exhaustive, to the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element composing the Application and/or the web service of SOAGA S.A.

"Services" refers to the various features and services offered by the Application (mobile and web).

"Site" refers to the official website of SOAGA S.A. whose address is as follows: https://soaga.net/.

"User" or "You" refers to a natural person of legal age or a minor who has previously obtained authorization from their parents or the person invested with parental or moral authority, and who has downloaded the Application for their own needs, in the context of strictly personal and non-commercial use, without direct or indirect profit-making purpose.

"SOAGA" aims to allow you to access the ecosystem of SOAGA S.A. either directly through the Application (mobile as well as web) or through a hyperlink redirecting you directly to the SOAGA S.A. website.

Several Services may be offered to the User, including:

• Creation of a customer account;

• Connection to the customer account;

• Subscription to OPCVM;

• Consultation of the securities portfolio;

• Printing functions;

• Additional subscription via electronic wallet, bank cards, bank transfers;

• Download of payment files;

• Secure messaging;

• Purchase of gift cards;

• Etc.

Form generation: SOAGA uses the information you provide (identity, contact details, customer knowledge information/KYC, etc.) to generate personalized contractual documents featuring your electronic signature.

Legal value: In accordance with the Digital Code, electronic writing has the same value as paper writing, and electronic signature (including qualified) is admitted as evidence, subject to compliance with the technical/organizational requirements provided for by law and its implementing texts.

Scope: The electronic signature affixed via "SOAGA" manifests your consent to the acts attached to it and can be used for contracting and related administrative procedures. (Reminder: certain categories of acts excluded by law cannot be electronically signed.)

Filling in required documents: SOAGA may prefill and issue the documents required by the Financial Markets Authority of UEMOA (AMF-UMOA, ex-CREPMF) and/or any competent authority (KYC/LCB-FT, OPCVM subscriptions, regulatory documents), based on the information you provide and for the strict purposes provided for by applicable regulations.

Accuracy of information: You agree to provide accurate, complete and up-to-date information; you acknowledge that inaccuracy or incompleteness may delay or prevent the execution of certain regulated operations.

Creation and configuration: By becoming a SOAGA Client and accepting these CGU, you authorize SOAGA to create/configure your digital account, including the generation of temporary identifiers and passwords for your first access to the site or app; you will then need to customize your security settings.

Security: You are responsible for the confidentiality of your identifiers. In case of suspected unauthorized access, you must reset your password/alert SOAGA without delay. (Reminder of security obligations from the Digital Code and best practices — encryption, logging, etc.)

Under this law, internet users have a right of access, rectification, modification, and deletion concerning data that concerns them personally. This right can be exercised by:

• A contact form https://soaga.net/contact/.

• Email at the address reclamations@soaga.net.

• In writing: Complaints can be sent by postal mail to the address of SOAGA S.A.

The personal information collected is in no case entrusted to third parties except to the natural or legal persons in charge of their processing.

The User's personal data is confidential and will under no circumstances be communicated to third parties. Only persons called upon to know this information for any processing related to a request are authorized to use it with a high level of protection.

The User is responsible for the risks associated with using their login identifier and password.

The User's password must remain confidential. In case of password disclosure, SOAGA S.A. declines any responsibility.

The User assumes full responsibility for the use they make of the information and content present on the site and/or the mobile application of SOAGA S.A.

Any use of the service by the User that directly or indirectly results in damage must be compensated in favor of the site/mobile application.

By publishing on the site and/or the mobile application, the User grants to SOAGA S.A. the non-exclusive and free right to represent, reproduce, adapt, modify, distribute, and disseminate their publication, directly or through an authorized third party.

Any malfunction of the server or network cannot engage the responsibility of SOAGA S.A.

Similarly, the responsibility of the site and/or the mobile application cannot be engaged in case of force majeure or the unforeseeable and overwhelming act of a third party.

SOAGA S.A. undertakes to implement all necessary means to guarantee the security and confidentiality of data.

The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of SOAGA S.A. and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application.

The software version of the mobile Application may be updated from time to time to add new functions and new services.

Maintenance interventions and/or updates of the mobile and web Application may be carried out without Users having been previously notified.

SOAGA S.A. cannot be held responsible for material damage related to the use of the site. Furthermore, the User of the site undertakes to access the site using recent equipment, not containing viruses and with an updated latest generation browser.

SOAGA S.A. declines any responsibility for any damage or loss related to the use or inability to use the site or its content.

SOAGA S.A. cannot be held responsible for direct and indirect damage caused to the User's equipment when accessing the site, resulting among other things from the appearance of a bug or incompatibility.

SOAGA S.A. cannot also be held responsible for indirect damages resulting from the use of the site https://soaga.net/.

Interactive spaces (for comments, contact) may be made available to users on the site. SOAGA S.A. reserves the right to remove, without prior formal notice, any content posted in an interactive space that would violate the applicable legislation in the UEMOA area or in one of the member countries, particularly provisions relating to data protection. If applicable, SOAGA S.A. also reserves the possibility of holding the User civilly and/or criminally liable, particularly in case of racist, insulting, defamatory, or pornographic messages, regardless of the medium used (text, photography...).

SOAGA S.A. cannot be held responsible for errors or delays in updating information (VL, etc.) available on the site.

SOAGA S.A. does not guarantee the security of the site and does not take responsibility for it. The User acknowledges knowing that any information transmitted via the Internet network can be intercepted.

SOAGA S.A. does not guarantee that the site, servers that allow access to it, or the electronic communications it sends are not infected by viruses or any other malicious program.

SOAGA grants the User a personal right to use the Application, Content, and Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free only for their own needs and in the context of using the Application and Services, to the exclusion of any other purpose.

This license grants no right of use to the User on the Content. It is strictly forbidden for the User:

• To proceed with any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or to apply reverse engineering of all or part of the Application, Services and/or Content;

• To create derivative works of the Application under license;

• To use software or processes intended to copy the Content without prior authorization from SOAGA;

• To export the Application, merge all or part of the Application with other computer programs;

• To reproduce permanently or temporarily the Application, in whole or part, by any means and in any form;

• To extract or reuse, including for private purposes, without prior written authorization from SOAGA, a substantial or non-substantial part of the content of the databases and archives constituted by the Application;

• To set up systems likely to hack the Application and/or the Content in whole or part, or likely to violate these CGU of the Application. If You violate these prohibitions, You are liable to prosecution and damages. The conditions of this License shall govern all updates provided by SOAGA that replace and/or complement the original Application, unless this update is accompanied by a separate license, in which case the conditions of this License shall prevail.

Communications: With your consent, SOAGA may use your email and/or phone number for communications (important notifications, security information, offers, reminders). You can unsubscribe at any time via the links provided or by contacting us. (Practices compliant with the Digital Code - Book V.)

Purposes: The data collected via the site and/or App are necessary for the provision of services (account management, OPCVM subscription, secure messaging, electronic wallets/cards/transfers, etc.) and are communicated to third parties only to satisfy legal/regulatory obligations or execute services (including authorized service providers).

Durations: Electronic messages/addresses are kept for the time necessary for their processing and then archived according to applicable legal deadlines.

SOAGA is the exclusive owner of all intellectual property rights relating to the mobile and web Application and its Content. Downloading the Application confers no right to the User on the intellectual property rights of SOAGA.

All rights of reproduction and representation are reserved, including for downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally all elements composing the Application cannot be subject to any representation, reproduction, exploitation, or extraction, in whole or in part, on any medium whatsoever, without the express and prior authorization of SOAGA.

The User expressly undertakes that the use of the Application does not in any case infringe the rights of SOAGA, and in particular that this use does not constitute an act of infringement, unfair competition, or parasitism of the Content.

Data Transfer and Storage

1. Data Transfer

• Your personal data may be transferred, stored, and processed in foreign countries, including countries that do not provide a level of data protection equivalent to that in force in Benin.

• We undertake that these transfers are made in accordance with the legal and regulatory provisions in force, particularly Article 391 of the Benin Digital Code.

• Appropriate protective measures are implemented to ensure the security and confidentiality of your personal data during these transfers.

2. Data Storage

• Your data may be stored on servers located outside Benin, including in the cloud.

• We work only with data storage service providers who respect strict standards of security and confidentiality.

• We ensure that our cloud storage service providers comply with applicable data protection regulations and implement adequate technical and organizational security measures.

3. User Consent and Rights

• By using our site and providing us with your personal data, you consent to their transfer and storage as described above.

• You have the right to withdraw your consent at any time, and we undertake to respect your rights regarding data protection, in accordance with applicable legislation.

• You can contact us at any time for any questions or concerns regarding the management of your personal data.

Security Measures

• We take the security of your data very seriously. We have implemented technical and organizational measures to protect your personal data against any unauthorized access, loss, alteration, or disclosure.

• For any questions regarding our data transfer and storage policy, please contact us at the following address: infos@soaga.net.

• This Contract is subject to Beninese law.

• Any dispute that may arise regarding the validity of these Terms of Use, their interpretation or their execution will be submitted only to the Court of First Instance of Cotonou (BENIN).