Mobile payment solutions: Specific terms and conditions

1. Application of the specific terms & conditions

These STC form an integral part of the existing agreements between the Cardholder and the Bank that apply to their card relationship – particularly the General Terms and Conditions for the Use of CBH Cards (“GTC”). The present terms shall prevail in the event of any conflict.

These STC do not govern your contractual relationship to the mobile payment solutions’ Provider which is regulated by their own contractual conditions for the provision of their services. The Bank shall not be liable for any dispute arising from the Cardholder’s relation with the Providers. The Bank shall not be liable and does not offer any support or assistance for hardware, software and other Provider’s products and services, for example the Mobile Device or an application developed by the Provider. Any questions in this regard must be addressed to the concerned Provider.

By agreeing to this document, the Cardholder have accepted these STC.

2. Third parties providing mobile payment solutions

The mobile payment solution is offered by the Provider of the Wallet and/or Device (including its group companies or any commissioned third parties) in accordance with its separate terms and conditions and instructions. The Bank is not the Provider of the mobile payment solution: the Bank merely enables the Cardholder to use the Card in the Provider’s mobile payment solution.

The Cardholder accepts that the Provider may alter or adapt the features of the mobile payment solution at any time at its own discretion and that it may temporarily suspend or permanently withdraw the mobile payment solution at any time. The Bank is not liable for ensuring a functioning mobile payment solution.

The Cardholder is aware that the Bank and the Provider are independent of each other and are independent controllers in relation to the processing of personal data. In this respect, the Provider collects the Cardholder’s personal data itself for its mobile payment solution service. It processes this data in Switzerland or abroad for its own purposes in accordance with its own terms of use and its data privacy notice. The Cardholder acknowledges that it is the independent responsibility of each CBH and the Provider to comply with applicable law and the contractual agreements when processing the personal data. The Bank does not have any influence on the Provider’s data-processing activities and, for this reason, any objections to the processing of personal data by the Provider must be addressed directly to it.

The Cardholder acknowledges and agrees that by storing their Card details in the Provider’s mobile payment solution, the latter’s terms and conditions and data privacy notice apply.

3. Conditions of use of the mobile payment solutions

The service is offered by the Bank free of charge to all Cardholders holding a Card issued by the Bank.

In order to use the service, the Cardholder must own a Mobile Device enabling the use of mobile payment solutions.

4. Card activation and enrolment

The Cardholder may only use Cards that are in their name in the mobile payment solution. In doing so, the Cardholder must also comply with the Provider’s terms and conditions.

The Bank has no obligation to enable the Card(s) for the mobile payment solution. The Card(s) may be activated for use in the mobile payment solution via various channels such as apps, text messaging or phone call. For this purpose, the Bank may send single-use activation codes and information regarding the activation/use of the mobile payment solution to the provided mobile phone number linked to the Cardholder’s relationship with the Bank. These transmissions might potentially result in a disclosure of the banking relationship to third parties (for example network providers).

The Cardholder is entitled to enrol their Card(s) issued in their names on the Mobile Devices they personally own.

In order to use mobile payments services, the Cardholder must own a Device that permits such use. That means that the enrolment of a Card is only possible when the Device with the original software is compatible with the applications, NFC technologies and with the operating system (“OS”) as precised by the Provider. In this regard, the Provider may impose its own limitations and restrictions in the use of its applications. The Bank is not responsible for the inability to use the mobile payment solutions due to the inadequacy of the Device used by the Cardholder.

To use the mobile payment service, the Provider’s requirements must be fulfilled before using the mobile payment solution, such as having a specific account in the Cardholder’s name, connecting to the Provider’s cloud service and/or set a specific screen locking/unlocking method.

After fulfilling the Provider’s required conditions, the Cardholder must activate the CBH Card to register it in the Device:

– the activation of the Card is made in the Provider’s Wallet application by choosing to add a Card; the Cardholder may scan or enter manually the information of the chosen Card (name, surname, Card number, expiry date, CVV code);

– the Cardholder must accept the Provider’s specific conditions related to the use of the mobile payment solution;

– some specific instructions may be displayed; in this case, the Cardholder shall follow them in order to use the mobile payment service. In addition, the Cardholder may be required to enter a unique verification code provided by the Provider, sent to the phone number registered with the Provider.

A Card that has been duly registered and accepted by the Provider can be enrolled on more than one Device at a time, provided that the abovementioned steps are followed for each Device on which a Card is to be enrolled.

5. Use of the Card

Once a Card is registered, the Cardholder can use their Mobile Device for contactless payments and online transactions.

The Provider allows the Cardholder to make payments by using the Token associated with each Device on which a Card has been duly enrolled. Since the Cardholder has the possibility to enrol more than one Card on a Device, each Card has a different Token.

Details about how to use the Mobile Device and the Token can be found on the concerned Provider’s website.

6. Authorization of transactions

Transactions are authorized in accordance with the Provider’s requirements (for example by entering the Card’s PIN). All transactions made with the enrolled Card(s) automatically instructs the Bank to settle the claims of the merchants paid via the Card(s).

The Cardholder can purchase goods and services, in Switzerland and abroad, up to the individual limit of the Card. If the limit is exceeded, the Bank is entitled to block the Card without prior notice.

It is prohibited to use the Cards for illegal purposes.

The Bank reserves the right to change the Cards’ rights, the PIN code, other codes and the Cards’ limit at any time and without having to provide a reason. The limit is shown on the monthly statement.

The GTC for the Use of CBH Cards apply.

7. Due diligence obligations

The due diligence obligations set out in the Bank’s GTC for the Use of CBH Cards apply.

In particular:

– The Cardholder shall protect their Mobile Device against unauthorized access, in particular by locking it;

– The Cardholder undertakes to keep the passwords and any codes confidential (access code to the Wallet, screen unlock code, etc.). Access to their Wallet or their Mobile Devices must be protected by a personal password or code or by other means in accordance with the Provider’s requirements (for example fingerprint or facial recognition).

– In case of loss, theft, confiscation or misuse of the Wallet or Mobile Device, or in case of suspicion of such events, the Cardholder must immediately contact the Customer Service.

– If the Cardholder does not use a Device (any longer), or before switching Devices, they must ensure that the mobile payment solution cannot be used by unauthorized third parties. To do so, the Cardholder shall delete the stored Card data and cancel the specific Token associated to the Card.

– The Bank does not assume any responsibility for the risks associated with the use, correct or improper, authorized or unauthorized, of the Cardholder’s Wallet, Mobile Device and Card details.

8. Data acquisition, processing and transmission to third parties

In order to offer the service, the Bank processes the data received from its clients and generated in the scope of the business relationship with them. The Bank may delegate areas of activity or services to Group companies or external companies (subcontractors), in Switzerland or abroad. The Group companies responsible for processing the card business have the same right to outsource.

This concerns, in particular, the processing of the card business, the creation of documents, card printing, invoicing, collection, and fraud management that can be outsourced in whole or in part. With regard to outsourcing, it could happen that contractual or transactional data are sent to internal or external service providers and that these service providers in turn call upon other service providers.

The Cardholder agrees in particular that these agents have been informed about their personal data if said data are essential for the conscientious execution of the assigned tasks.

All service providers are bound by the confidentiality clauses. If a service provider is based abroad, the Bank or its Group companies will only provide data that do not identify the Cardholder.

When a mobile payment solution is used, international card organizations also obtain knowledge of the same data as when a Card is used in accordance with CBH’s GTC for the Use of CBH Cards (for example purchasing a plane ticket via Internet). The international card organisations will notably be provided with information concerning the Mobile Devices (e.g. device ID) as well as the Cardholder’s personal information required for the use of the Wallet (such as name, address and information concerning the Card(s)). Providers can also obtain knowledge of this data when it is transmitted by CBH in connection with the mobile payment solution to the international credit card organization or third parties. Furthermore, third parties may obtain information concerning devices, notably to provide the Cardholder with an overview of their transactions. International card organizations and third parties process personal data on their own responsibility.

It should be noted that Swiss law (banking secrecy, data protection) only applies in the Swiss territory; data transiting abroad are therefore not protected under Swiss law. For data processed abroad, the Bank is released from its obligation to comply with banking secrecy and data protection.

Detailed information about how the Bank processes personal data can be found in the Bank’s data privacy notice, available on its website (Legal & Credits (CH) – CBH Bank | Compagnie Bancaire Helvétique).

9. Liability

The service provided by CBH is limited to enabling the storage of the Card(s) in the mobile payment solution. The Bank is not liable for any damage caused by using the mobile payment solution unless CBH fails to exercise the appropriate standard of diligence in regards with the use of the Card(s).

All provisions regarding the liability of the Cardholder and the Bank regarding the use of the Cards are lay out in the Bank’s General Terms and Conditions for Cards’ use, as accepted by the Cardholder upon request of a Card issued by the Bank.

10. Amendments to the Specific Terms & Conditions

CBH reserves the right to modify the STC at any time. CBH also reserves the right to change the rates, commissions, costs and fees at any time, without having to provide a reason. The amendments are communicated to the Cardholder by circular letter or by any other appropriate means. Amendments are considered approved if the Cardholder does not raise any objection within 30 days after the communication date.

11. Contact

In the event of loss, theft, non-receipt, confiscation or misuse of the Card, or if such events are suspected, the Cardholder must contact the Bank’s Customer Service immediately without taking the time difference into account at telephone number + 41 800 00 55 44, available 24/7, and request that the card be blocked. The Bank is not responsible for the consequences that may result from the blocking of the Card.

For any questions related to the activation of the mobile payment solution, the Cardholder can find more information on the concerned Provider’s website.

For information related to the transactions carried out via the mobile solution, the CBH Cardholder can contact their dedicated CBH Relationship Manager.

12. Place of performance and jurisdiction

These STC are exclusively subject to Swiss law. Any dispute shall be brought before the exclusive jurisdiction of the Courts of the Canton of Geneva subject to appeal at the Swiss Federal Court in Lausanne. The Bank nevertheless reserves the right in all circumstances to bring the case before the authorities or the competent court of the address for service at the Cardholder’s usual place of residence or any other competent jurisdiction. In either case, only Swiss law remains applicable.

DEFINITIONS:

Bank or CBH: CBH Compagnie Bancaire Helvétique SA.

Card: prepaid / credit card

Cardholder: the Card account holder to whom a Main card is issued.

Partner: the person for whom the Cardholder requested, and the Bank agreed the issuance of an additional Card with access to the Cardholder’s card account.

Main card: the electronic payment instrument issued in the Cardholder’s name.

Partner Card: a card issued to another person than the Main Cardholder, at the request of the Main Cardholder

Specific terms & conditions (STC): these terms & conditions.

Mobile Payment Solutions: digital wallet app, offered by the Provider, through which the Cardholder can make Token payments using mobile devices compatible with the dedicated app. Additional information on the app and compatible devices can be found on the Provider’s website. This app is offered to the Cardholder under a separate agreement concluded between the Cardholder and the Provider.

Face ID: facial recognition of the Cardholder using a Mobile Device with security authentication based on advanced technologies that enable precise face geometry identification.

Find My Device app: application of the Provider designed to locate the devices.

Provider: third party providing mobile payments solutions via the wallet and/or device. Their terms & conditions apply.

NFC: high frequency radio communication standard that enables wireless data exchanges over very short distances, of up to 20 centimetres.

Token: unique series of digits in digital format that ensures secured data substitution for a Card enrolled by the Cardholder on a Provider’s device. The Token can be used to make contactless payments using the NFC technology, or for online payment on the websites and in the apps of vendors that accept card payment by displaying the Provider’s mobile payment option. The Token number is different from the number on the front of the enrolled Card. The Token ensures increased transaction security, avoiding card number storage by vendors.

Touch ID: recognition of the Cardholder as possessor of the Mobile Device by using a digital fingerprint.