- 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: email@example.com
Zurich, September 2019
DATA PROTECTION PROVISIONS
Data protection is an important concern for MoneyPark AG (hereinafter MoneyPark). MoneyPark is expressly committed to the protection and lawful collection, processing and use of user data.
If you do not agree with the following provisions, you must refrain from accessing other pages of the MoneyPark website and from transmitting personal data to MoneyPark.
As part of their registration, registered users also agree to the collection, processing and use of their personal data in accordance with the following provisions, to the extent required by law.
The following provisions explain the manner in which and the purpose for which MoneyPark - and/or the group companies and third parties mentioned herein - collects, processes and uses data.
2. Personal data
Personal data is information relating to the material or personal circumstances of an identified or identifiable natural person. This includes, for example, the name, the telephone number, the address, as well as all other information about a natural person (including information about a residential property and its financing), which are created during registration, in the context of an evaluation request or an application process on the MoneyPark Website, or which are transmitted to MoneyPark (or the independent MoneyPark partner agency) by the respective person by e-mail, telephone or by any other means (e.g. as part of a personal consultation or via a third-party platform used by the respective person). All personal data collected via the MoneyPark website may be merged with data about the same person that you have provided to MoneyPark in another way and vice versa, or that comes from publicly available sources.
Cookies are small text files that are stored on your data carrier and which store certain settings and data about your browser to be shared with our system. This simplifies the use of the MoneyPark website as, for example, you do not have to re-enter certain information every time you visit. MoneyPark uses session cookies which are automatically deleted at the end of the browser session as well as temporary/permanent cookies stored for a period of one month to ten years until automatically or manually deleted. The data will be stored for the sole reason of adapting our offering to best suit your requirements and making the MoneyPark website as convenient as possible for you. As well as its own cookies, MoneyPark also uses those of third parties, which also serve to adapt the MoneyPark website to your needs. To this end, the MoneyPark website uses so-called retargeting technology. This allows us to address internet users who have been interested in our services in the past in an individualised way based on an analysis of past user behaviour. The data collected does not relate to a person (e.g. name or IP address) and will be stored in an anonymised form. It shows, for example, which pages of the MoneyPark website were visited. While cookies do not need to be accepted to visit the MoneyPark website, certain functions may be limited if they are not accepted.
4. Log files
With every access to the pages of the MoneyPark website, user data is transferred to the respective internet browser and stored in log files known as server log files. The records stored in this way contain the following information: Date and time of the retrieval, name of the retrieved page, IP address, referrer URL, the data volume transferred and product and version information of the browser used, surfing patterns on the MoneyPark website. The IP addresses of the users will be deleted or anonymised upon termination of use in such a way that details of material circumstances can no longer or only with a disproportionate investment of time, cost and labour be attributed to an identified or identifiable natural person. This log file information will be evaluated in an anonymised form in order to improve the usability of the MoneyPark website and MoneyPark’s services and to identify and correct any errors.
5. Web analysis
MoneyPark uses the following tracking technologies offered by third-party providers to improve its website:
For the purpose of improving our website, we also use Mouseflow. Mouseflow analyzes website visits and collects information using cookies, but does so anonymously. In doing so, the website usage is recorded randomly and exclusively with anonymized IP address in the form of a log in order to derive potential improvements for our website and thus improve the user-friendliness according to the behavior of the users. Data collected via Mouseflow will not be used to personally identify website visitors without the separately granted consent of the person concerned. Pseudonymized user profiles can also be created from the collected data. These are not merged with personal data about the bearer of the pseudonym without separately granted consent. Mouseflow is a Web analysis tool from Mouseflow ApS, Dänemark. For more information about this, visit: https://mouseflow.com/privacy/
And finally, we use Convert Experience, from Convert insights Inc. California. Convert Experience is used to analyze website usage. By default, no personal information is used or stored through Convert Experience. However, if non-default settings are used (e.g. geotargeting, cross-domain tracking, etc.), Convert Experience only uses first-party performance cookies. For more information about this, visit: https://www.convert.com/privacy-notice/
6. Social plugins
MoneyPark uses social plugins offered by the social networks Facebook (Facebook Inc.), Twitter (Twitter Inc.) and LinkedIn (LinkedIn Inc.). The plugins are labelled with the corresponding logos of Facebook, Twitter or LinkedIn.
7. Collection, storage, processing and usage of data
Your personal data is collected, stored and processed for the provision of our services, the administration of registered users, the processing of applications and other inquiries as well as for the provision of our services in accordance with the respective consulting agreement.
The data is stored by MoneyPark on a server in Switzerland. If, in individual cases, data is transferred abroad to countries that do not offer an equivalent level of data protection to that of Switzerland, we will agree on the compliance of the required data protection provisions with third parties in a suitable way, e.g. by way of contract.
In addition, you consent to the transfer of your data to countries without comparable protection if you transfer data to MoneyPark via third-party tools used by MoneyPark (e.g. workable for applications).
In addition, your data may be processed for the following purposes:
If you have registered for the newsletter, we will use your data to send you this. The MoneyPark newsletter is sent using the so-called double opt-in procedure. The newsletter will therefore only be sent by e-mail if you confirm (by clicking on the corresponding e-mail in a notification e-mail sent by MoneyPark) that the newsletter service should be activated. You can unsubscribe from MoneyPark’s newsletter service at any time by notifying MoneyPark or clicking on the unsubscription link contained in every newsletter.
7.2. Using personal data for individual recommendations
MoneyPark also uses data to give users individual recommendations in their user account or by e-mail and to improve the MoneyPark website and online offering.
The data that users transfer to MoneyPark will be analysed (e.g. information on services used, the computer and its connection to the internet, operating system and platform). The use of personal data for individualised recommendations can be prevented at any time by way of a corresponding notification to MoneyPark.
7.3. Using data for market and opinion research purposes
MoneyPark also uses data for market and opinion research within the scope of its business interests. MoneyPark uses data for this purpose as far as possible in anonymized form and only for statistical purposes. If the results of this market and opinion research are passed on to third parties, it will only be in anonymized form.
7.4. Processing application and job offers
If you apply for a job offer, MoneyPark - and/or the respective named group company of MoneyPark (currently in particular Finovo AG) - collects, stores and processes your data transmitted directly to us or via third parties for the examination of your application and the entire processing of the application procedure.
If you are employed by MoneyPark or a company of the MoneyPark group, your data and documents will be processed by MoneyPark and/or the respective group company for the purpose of handling the employment relationship.
If employment does not result, we will retain your submitted data for the purpose of protecting our legitimate interests and in accordance with applicable data protection laws. For any future job offers, we will retain this data for a further 12 months from the date of rejection. You can object to this storage at any time.
You can also delete your data and documents yourself via www.workable.com. In this case, MoneyPark will not keep your data, but will not be able to contact you for future job offers.
8. Transfer to third parties
Your personal data will only be disclosed to third parties if the user expressly consents to this or MoneyPark has legitimate interests in the disclosure.
However, the transfer within the MoneyPark Group, including independent agency partners, is also possible without explicit consent, provided that this is necessary for the purpose of contract processing, billing or the provision of administrative and technical services for our website.
MoneyPark also uses your data to enable third parties in Switzerland and abroad to perform technical, logistical or other services on behalf of MoneyPark for the purpose of processing the contract or providing the services. This disclosure is also possible without explicit consent.
MoneyPark ensures that these third parties comply with these data protection provisions.
8.2 Property-specific data transfer
Furthermore, MoneyPark is entitled to pass on property-specific data, namely the address of the respective property, size of the respective property, date of sale and selling price to third parties for their own purposes (namely for the purpose of (further) development of property valuation systems). MoneyPark ensures that these third parties do not use the data passed on to them for any other purposes.
9. Secure data transfer
MoneyPark takes technological and organisational measures to protect personal data from unauthorised access, accidental or deliberate manipulation, loss and destruction.
The user is nevertheless aware that the electronic transfer of data harbours uncertainties.
If, in individual cases, data is transferred abroad to countries that do not offer an equivalent level of data protection to that of Switzerland, we will agree on the compliance of the required data protection provisions with third parties in a suitable way, e.g. by way of contract.
MoneyPark processes and stores your personal data for as long as it is necessary within the framework of the customer relationship for the fulfillment of the contractual obligations and the purposes pursued with the processing, as well as for as long as it is required by the statutory storage and documentation obligations. Personal data may be retained in particular for as long as claims can be asserted against MoneyPark or other legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as the storage of your personal data is no longer necessary for the above-mentioned purposes, it will be deleted or anonymized as far as possible.
11. Right of access
Users have the right to request information about the personal information stored about them and, if necessary, to have data corrected, blocked or deleted. Please send your request clearly stating your identity by e-mail to: firstname.lastname@example.org or by letter to: MoneyPark AG, Brandschenkestrasse 30, CH-8001 Zurich.
12. Amendment to data protection provisions
Zurich, February 2021
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