I
acknowledge and give my consent that Cembra Money Bank AG (“Bank”) may forward
my application over the internet, via email or fax/post. Furthermore I
acknowledge:
Credit
Check and Data on Credit information: I confirm that all details stated above
are correct and I authorise the Bank to gather all information about me
required to verify this application and to handle the contractual relationship,
for example from banks, external credit analysts, public authorities, the
Central Agency for Credit Information (ZEK), the Information Agency for
Consumer Credit (IKO) as well as from other bodies in the case of corresponding
statutory obligations. The Bank may also register details of your application
with ZEK and IKO. I acknowledge the right of ZEK and IKO to inform their
members about the data received. Any possible data blocks ordered by me will
not apply to the Bank. I agree that certain credit information about my person
obtained in this connection from third parties, namely data from ZEK and IKO in
connection with the assessment of the application and the execution of the
contract, may be retrieved, processed and stored by the Bank and its
contractual partners (including intermediaries) outside of Switzerland.
Contractual partners and their employees are obliged to comply with data
protection according to the requirements of the Federal Law on Data Protection,
to observe banking confidentiality according to the Federal Banking Act and are
bound by confidentiality in general.
In
the case that I have given data regarding my spouse or legal partner (both
referred to as “partner”) I confirm that (i) I have informed my partner of this
application (ii) the Bank may directly contact my partner to verify his/her
submitted information above (iii) my partner understands and gives consent to
the Bank making the necessary credit checks as described above (including ZEK
information checks).
In
order to determine your creditworthiness, the Bank requires your personal data,
which you transmit via the Internet and/or electronic communication. You are
aware and you expressly agree that the Bank can pass on your data to service
providers as mentioned above for this purpose and that your data and documents
can be processed and stored for this purpose. The data will be stored after termination
of the contract and after balancing the account until expiry of the legal
retention period. After expiry of the legal retention period the data will be
deleted. Further legal information as well as information on data protection
are available on the link "Legal Information" below.
Personal
Data and Data Protection: I authorise the Bank to process and analyse my data
and to use my data for marketing purposes and evaluations both in Switzerland
and abroad. I can revoke this authorisation at any time.
The
Bank may outsource services to third parties ("service providers"),
in particular in the area of handling business processes, IT security and
system control, marketing research, the calculation of business-relevant credit
and market risks as well as the administration of contractual relations (e.g.
application and contract processing, debt enforcement, customer communication).
I agree that service providers may have access to all my data in connection
with the services provided.
The
Bank may arrange for my data to be processed in countries which do not have a
level of data protection equivalent to that in Switzerland, and may entrust
service providers in such countries with the processing of my data. Data will
only be transferred after the service provider has committed to maintaining an
adequate level of data protection. I am aware and give my consent to my data
being transmitted and processed abroad and also over the internet. The Bank has
the right to reject this application without giving grounds.
This
application shall be transferred in encrypted form. Further correspondence
concerning the application, in particular correspondence sent by electronic
communication such as email and SMS, may also be transferred in unencrypted
form. I give my consent to the use of electronic communication media in
correspondence with the Bank. In particular, I am aware of the following risks
in connection with the use of electronic communication media:
- Data will
only be transferred in encrypted form when a secure https connection is
established. In many cases (including transfer by email) unencrypted and open
communication will take place via the Internet. SMS are only partially
encrypted and encryption is weak; - The
Internet is a worldwide, open network that is available to anyone and therefore
may not be regarded as a safe environment. It is impossible to control the
route used to transfer emails and this may involve transfer through other
countries. Accordingly, the confidentiality of data transmitted by email is not
guaranteed. It is therefore possible for third parties to draw
conclusions about an existing or prospective banking relationship between
myself and the Bank. - Further you are aware that the data and information transfer via the Internet
or electronic communication is susceptible to failure due to various causes.
The Bank shall not be liable for any damage or consequential damage resulting
from such faults or misrouting. The Bank further disclaims all liability for
any loss or damage of any kind arising from the use of the Internet and/or
electronic communication; - Emails
and their attachments, as well as SMS, may be falsified or tampered with and
their sender or recipient may be changed, lending them a false authenticity; - Emails
and SMS may be deleted, misdirected or truncated due to technical
errors/malfunctions; - Calling
up Internet pages, including clicking links embedded in emails or SMS and
opening data attachments, may, under certain circumstances cause harmful
computer programs, such as viruses, worms, or trojans to reach the customer’s
computer, smartphone or similar devices.
The
Bank shall only accept liability for incidents with intent or gross negligence
arising from or in connection with electronic communication and the exchange of
data using electronic communication media. In relation to open communication
via email, I expressly accept the risk that my data may be intercepted or
published by third parties during transfer and that confidentiality cannot be
guaranteed to this extent. For its part, the Bank cannot guarantee that emails
purportedly from senders at the Bank were indeed sent by the Bank; nor can it
guarantee that emails sent by the Bank or addressed to the Bank will not be
tampered with or will reach the correct recipient in good time.