- General Terms and Conditions, Terms And Conditions Of Use & Data Protection Provisions
General Terms and Conditions, Terms And Conditions Of Use & Data Protection Provisions
General Terms and Conditions
These general terms and conditions govern the relationships between customers and MoneyPark Ltd. (“MoneyPark”). In the event of discrepancies or contradictions between these general terms and conditions and the individual advisory agreement, the latter shall take precedence.
1. Scope of services
The scope of the services provided by MoneyPark is determined by the individual advisory agreement with the customer. MoneyPark shall provide the services with diligence, but does not guarantee success.
MoneyPark shall provide the services in accordance with the service description applicable at the time, and reserves the right to modify the content and implementation of services in individual cases, if MoneyPark believes that this will achieve a better resulting service. In such cases, the customer does not have the right to claim a (partial) refund of the fee paid.
2. Communications from MoneyPark
Communications and notifications from MoneyPark shall be considered duly transmitted if they:
a) were sent to the most recent address provided by the customer; or
b) were sent electronically via e-mail to the most recent e-mail address provided by the customer; or
c) were made available on the customer’s online account profile with a corresponding short notification via e-mail; or
d) were sent in accordance with the most recent instruction provided by the customer.
The date of the (electronic) copy or dispatch list held by MoneyPark shall be deemed to be the date of dispatch. Specific instructions regarding addressing or retention of correspondence, statements etc. shall be received by MoneyPark without obligation and responsibility.
3. Customer documents and electronic customer access
The customer is responsible for providing MoneyPark with the correct information and documents to enable MoneyPark to provide its services. MoneyPark is not obligated to check provided information and documents for correctness, and shall bear no responsibility for damages caused by incomplete or incorrect documents.
4. Power of disposition
Any signature regulation issued in writing to MoneyPark shall apply exclusively vis-à-vis MoneyPark until a revocation to the same is received in writing, disregarding any contradictory commercial register entries and publications.
5. Transmission errors
The customer shall bear sole risk and responsibility for any damage caused by the use of the postal services, telephone, e-mail, other methods of transmission or forms of conveyance, namely due to loss, irregularities, delays, misunderstandings or duplication.
6. Customer complaints
Any complaints the customer has regarding the services provided by MoneyPark in relation to the agreement must be made immediately, else the provided services shall be considered approved.
In the event that MoneyPark does not provide an expected notification, the customer has the duty to raise a complaint in the same way as if the notification had been issued in the usual course of business using the usual communication channels. Damages arising from a delayed complaint shall be borne by the customer.
7. Contracts and business relationships with financing and processing partners, and outsourcing of services
MoneyPark collaborates with various partners (e.g. banks, online brokers, insurance providers and pension funds) to provide its financing and pension products. The customer enters into separate business relationships with their individually chosen partners, which are independent of MoneyPark. Any amendments to the terms or conditions of these business relationships (e.g. changes to the interest rate of the financing partner) are concluded directly between the customer and the partner. MoneyPark bears no information obligations for these business relationships.
MoneyPark, or the relevant right holder, retains the copyright and all other intellectual property rights to documents, information, analyses and other protected products that are handed out or made available to the customer. It is prohibited for the customer to share these documents, information, analyses and other protected products outside of their own household, otherwise make them available, or to publish or copy them.
9. Payment terms
Invoices from MoneyPark are to be paid by the customer within 30 days of the invoice date, unless otherwise stated on the invoice. MoneyPark reserves the right to amend its payment terms at any time.
10. Defaults in payment
Once the customer receives their first written or electronic reminder from MoneyPark, they are considered in default. MoneyPark reserves the right to suspend its advisory services until all outstanding sums are paid.
11. Unused services
The customer cannot claim a partial or full refund of the price of, or any other alternative services in place of, any contractual services they have chosen not to use.
12. General disclaimer of liability
MoneyPark provides its services with the diligence customary in business. MoneyPark can only be held liable for direct and immediate, intentional or grossly negligent damages.
13. Specific disclaimers of liability
The following specific disclaimers of liability apply alongside the general disclaimer of liability:
a) Damages arising from the failure to recognize inadequate proof of identity or forgery are borne by the customer to the extent legally possible, provided MoneyPark has not been grossly negligent.
b) MoneyPark’s services within the scope of the advisory agreements do not include legal or tax advice. Calculations of possible savings potential taking into account tax aspects do not constitute tax consulting services. MoneyPark is not obligated to take the tax positions of its customers into account in its investment recommendations and decisions. The customer bears the responsibility to engage the respective advisory services in legal and tax matters independently of their advisory agreement. The customer is responsible for ensuring the correct payment of all taxes that arise from the transactions involving the advised assets, including those tax liabilities linked to the redemption or liquidation of investments or the termination of the advisory agreement.
c) Calculations of possible savings potential taking into account tax aspects (tax simulations) are purely indicative and are based on the legal provisions and reference values applicable at the time of calculation. Future legislative changes and changes in reference values are not taken into account (in particular, potential changes in interest rates or changes in the lending policy of financial institutions). MoneyPark gives no guarantee for the correctness, reliability or completeness of the calculated values and is not liable for damages resulting from the use of this calculation or recommendations (strategies) derived from the same. Decisions and precautions that the customer makes on the basis of the calculation are their own responsibility. Tax simulations are for personal use only and may not be copied, distributed or used for commercial purposes.
d) MoneyPark is not liable for any of the services provided by its partner companies, particularly banking services, legal or tax advice. MoneyPark is also not liable for such services in cases where MoneyPark has suggested their use to the customer during the execution of an advisory agreement.
14. Data protection
MoneyPark processes its customers’ data in accordance with the MoneyPark Data Protection Provisions, which can be accessed at Data Protection Provisions.
15. Amendments to the general terms and conditions
MoneyPark reserves the right to amend its general terms and conditions at any time. Customers shall be notified of changes in writing or via e-mail.
16. Place of fulfillment, applicable law, jurisdiction
The place of fulfillment shall be the MoneyPark headquarters. Customers resident or headquartered outside of Switzerland can be prosecuted at the MoneyPark headquarters (special domicile as per Article 50 (2) of the Swiss Federal Act on Debt Enforcement and Bankruptcy, DEBA).
All legal relationships between the customer and MoneyPark shall be governed by Swiss law.
The place of jurisdiction shall be the MoneyPark headquarters. MoneyPark additionally reserves the right to prosecute customers at their place of residence or in any other competent court.
Zurich, December 2020
TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use are intended to clearly regulate the use of the website of MoneyPark AG Churerstrasse 54, CH-8808 Pfäffikon SZ (hereinafter “MoneyPark”) and the use of MoneyPark’s services. By accessing this website (hereinafter “MoneyPark website”), you recognise the legally binding force of the Terms and Conditions of Use referred to herein.
MoneyPark reserves the right to amend these Terms and Conditions of Use at any time within the scope of legal regulations. The Terms and Conditions of Use on the website shall always apply.
If the customer purchases services from MoneyPark, the General Terms and Conditions of Business valid at that time shall also apply.
1. MoneyPark website content
All of the content or services of the MoneyPark website are for information purposes only. They should, in particular, not be regarded as binding offers for fee-based advisory services unless this is explicitly indicated. No assurances, either explicitly or implied, can be offered with regard to the accuracy, completeness, availability and reliability of the information and services on the MoneyPark website, particularly with regard to safeguarding copyrights and other rights, marketability or suitability for a particular purpose. The information offered on the MoneyPark website does not release the user from the necessity of making their own decisions and assessments. MoneyPark reserves the right to amend all content without prior notice. MoneyPark is not under any obligation to update or keep current the information contained herein.
2. User account registration
Certain functions of the website are only accessible to registered users.
For users that register on the MoneyPark website, MoneyPark has set up password-protected direct access to their user information stored with MoneyPark. Here, users can see at all times the MoneyPark services that they have used and can manage user information. Registered users undertake to treat their personal login details as confidential and not make them available to any unauthorised third parties. MoneyPark assumes no liability for misused passwords.
Electronic access to the customer areas on the MoneyPark website is restricted to an individual user and can be revoked by MoneyPark at any time without stating reasons.
3. Comparative and valuation services
The comparative and valuation services available on the MoneyPark website are for information purposes only. The results of the comparisons or valuations do not constitute advertising, offers or recommendations for buying or using the recommended products or services. MoneyPark, in particular, offers no assurances that the recommended products and services are actually the most suitable for the user.
4. Exclusion of liability
Insofar as permitted by law, MoneyPark and its employees shall not be liable for direct or indirect loss, liability claims, costs, claims, expenses or damages of any sort arising from or relating to the use of this website. This shall also apply to damage caused by slight negligence and in cases where MoneyPark was informed of the possibility of such consequential damage.
The MoneyPark website may contain third-party content or services or links to third-party websites. MoneyPark has no control over third-party content, services or websites and takes no responsibility for and does not make any warranties as to such content, services or websites and makes no assurances in this regard. This also includes the accuracy, content, quality or up-to-dateness of such content, services or website. MoneyPark is, in particular, not liable for the third-party content, services or websites nor for websites linking to the MoneyPark website or displaying it in frames.
6. Data protection
7. Intellectual property rights
MoneyPark or the respective rights holder shall retain all rights, title and interest (including copyrights, trademarks, patents and other intellectual property rights as well as other rights) in all information and content (including all text, data, graphics and logos) on the MoneyPark website. Individual pages and/or parts of the MoneyPark website may be printed exclusively for personal or internal use. Without MoneyPark’s prior written consent, users are forbidden to, among other things, wholly or partially change, copy, send, forward, issue, present, reproduce, publish, license or transfer any information, text, graphics, images, video clips, directories, databases or lists originating from the MoneyPark website or use it as a frame in a website, create works derived from this content or use it in any other way for commercial or public purposes. Unless approved by MoneyPark, it is forbidden to systematically retrieve content from the MoneyPark website in order to directly or indirectly compile a collection, database or directory or to link to the MoneyPark website.
Please direct any questions about the website to: firstname.lastname@example.org
Zurich, September 2019
Privacy Notice in accordance with the Federal Data Protection Act (revDSG).
This data protection declaration applies to all persons (each "you") whose data we, MoneyPark AG & finovo AG, process, irrespective of the way in which you contact us, e.g. in a branch, by telephone, by e-mail, a website, etc.. It applies to the processing of both personal data already collected and personal data collected in the future.
You will find out in this data protection declaration, among other things:
- What personal data we collect and process.
- For what purposes we use your personal data.
- Who has access to your personal data.
- What rights you have with regard to your personal data.
- How you can contact us.
Table of contents
- 1. Type of personal data collected
- 2. Purpose of processing personal data
- 3. Disclosure of personal data
- 4. Exercising your data protection rights
- 5. Status of this privacy notice
1. Type of personal data collected
For former and current customers or prospective customers with whom we take steps to enter into a contractual business relationship, we may collect and store the following data (to the extent permitted by applicable law):
- Personal information such as your name, identification number, date of birth, compliance-related documents (including a copy of your identity card or passport), telephone number, address and residence electronic address and family information such as the name of your spouse, partner or children.
- Financial information; information about your assets (including property), financial statements, liabilities, tax, income and investments.
- Tax residency and other tax-related documents and information.
- Where relevant, education and employment information such as your job title and work experience.
- Details of our interactions with you and the products and services you use, including information about electronic and physical communications through various channels such as emails and mobile apps.
- Contracts and mandates with MoneyPark AG & finovo AG
- Data when accessing our websites or our website applications, which is transmitted by your browser and automatically collected by our server, including the date and time of access, the name of the file accessed as well as the amount of data transmitted and the success of your access, your web browser, the browser language and the domain requested, websites from which the user's system accesses our website, websites accessed by the user's system via our website as well as the IP address (additional data is only collected via our website if your disclosure is voluntary, e.g. as part of a registration or request). e.g. as part of a registration or enquiry).
We may also use personal data for analysis and measurement (including machine learning) to process the above information. This includes profiling based on the processing of your personal data.
2. Purpose of processing personal data
We always process your personal data for a specific purpose and only process data relevant to that purpose. In particular, we process personal data within the framework of the applicable legal provisions for the following purposes:
a) Customer intake procedures.
b) Customer relationship management:
- To manage our relationship, including communicating with you regarding products and services you have purchased from us, handling customer service related queries and complaints, facilitating debt recovery, credit decisions and decisions regarding your identity.
c) Product provision and execution. For example:
- To provide products and services to you and for their proper execution.
- To provide IT solutions to you and ensure proper execution in accordance with your instructions and our contractual agreements with you.
d) Compliance and risk management and/or prevention, detection and investigation of crime.
e) Support, improve and maintain the MoneyPark AG & finovo AG information architecture. For example:
- For measures to improve our products and services and the technology we use, including reviewing and updating our systems and processes, and for market research purposes to learn how we can improve our existing products and services or what other products and services we can offer.
- To analyse the results of our marketing activities to measure the effectiveness and relevance of our campaigns.
Where we process sensitive data about you, we do so because:
- The processing is necessary for the establishment, exercise or defence of legal claims.
- The processing relates to personal data that you have obviously made public.
- You have expressly consented to the processing of this information (where permitted by law).
3. Disclosure of personal data
3.1 Service providers
We may pass on personal data to external service providers who are contractually obliged to maintain confidentiality. If MoneyPark AG & finovo AG transfers your data to service providers who process data on behalf of MoneyPark AG & finovo AG, we take measures to ensure that they comply with our data security standards so that your personal data is protected. Service providers, regardless of their location, are required to comply with a range of technical and organisational security measures, including measures relating to: (i) information security management; (ii) information security risk assessment; and (iii) information security measures.
Under no circumstances will personal data be sold to third parties for marketing purposes.
Personal data will be disclosed to our partners if this is necessary for the fulfilment of contractual obligations (e.g. application verification or credit check) or if you have given your consent in the context of a transaction.
3.3 Authorities or public bodies
In certain cases, we disclose personal data to public authorities, e.g. supervisory authorities, enforcement authorities or government agencies, courts or parties to proceedings, where disclosure is required by law or other legal provisions, by a code of conduct or by rules of conduct, or if these authorities or agencies request such disclosure or we are obliged to protect our legitimate interests.
3.4 Transfer of personal data abroad
MoneyPark AG & finovo AG stores the data on a server in Switzerland. The recipients of personal data mentioned in section 3.1 may be located in Switzerland or abroad. With the exception of application files which are stored at Workable (USA), the recipients are exclusively companies in the European area which are subject to the GDPR.
4. Exercising your data protection rights
You have the following rights:
- You can request information about your personal data that we process. You have the right to request from MoneyPark AG & finovo AG a copy of individual or all personal data that we collect from you and process. If you believe that the information we have collected about you is incorrect or incomplete, you may also request that your personal data be corrected.
- Object to the processing of your personal data.
- Request the deletion of your personal data.
- Request a restriction on the processing of your personal data; and/or withdraw your consent if MoneyPark AG & finovo AG has received your consent to process your personal data (this does not affect the lawfulness of the processing of your personal data prior to the withdrawal).
You are entitled to these rights in accordance with the provisions of the Data Protection Act. They are not unconditional as they may not always apply and exceptions may be made. In order to process a request, we will usually ask you to prove your identity and/or provide information that will help us to better understand your request. If we do not comply with your request, we will explain why.
To exercise your above rights, please contact us as follows:
5. status of this privacy notice
This privacy notice was last updated in September 2023. We reserve the right to change it from time to time.
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