Conditions for use of the ZugerKB Banking app

1. Scope of application

Zuger Kantonalbank (hereinafter referred to as the “Bank”) makes a range of information and services available to its clients and their authorised persons (hereinafter referred to as “Users”) via the ZugerKB Banking app (hereinafter referred to as the “App”). By using the App, the User declares that he agrees with the following conditions of use and legal information.
The functions and services offered within the App relate to banking transactions which are based on separate agreements and conditions (the Bank’s General Terms and Conditions, Custody Account Regulations, etc.). Within the scope of application of the App, these conditions shall prevail if there are inconsistencies with potentially conflicting provisions of the mentioned agreements and conditions of the Bank.
Other individual current and future electronic services (e.g. eBill and other services) are subject to the respective terms and conditions, which can be viewed via the corresponding channel and to which the User agrees separately if these are used accordingly and if the User’s consent is necessary.

2. Access/authentication means

Users may access the App by logging into it. The acquisition, installation and configuration of the terminal device and any other software are the full responsibility of the User. To the extent permitted by law, the Bank assumes no responsibility for providers or for the necessary hardware and software or for their freedom from defects.
Access to the App will be granted to those who identify themselves and thus authenticate themselves as Users at the time of each use. The Bank reserves the right to amend the means of identification at any time. The Bank will allocate an initial password to the User, who must change it immediately upon receipt.
A person who authenticates himself using the authentication means is considered by the Bank as authorised to use the App. Irrespective of this person’s legal relationship with the client and regardless of any commercial registry entries, publications or provisions on the Bank’s signature documents to the contrary and without further examination of this person’s authorisation, the Bank is therefore authorised to allow this person, to e.g. run inquires with respect to, and to dispose over, the accounts/custody accounts or to accept orders and notifications from this person via the App. However, the Bank is entitled, at any time and without disclosing a reason, to refuse to provide services within the App, in particular the provision of information as well as the acceptance of instructions, orders and notifications of the User and to insist that the User authenticate himself in another form (e.g. by signing or appearing in person).
The client acknowledges without reservation all booked transactions which were effected through use of the App in conjunction with the authentication features of the client or of the authorised persons of the client. Likewise, all instructions, orders and notifications communicated to the Bank in this way are deemed to be made and authorised by the User and documents provided electronically shall be deemed to have been lawfully obtained by the authorised User. The Bank is deemed to be entitled to execute instructions received via the App within the framework of the normal course of business and to comply with the instructions and communications.

3. Duty of care of the User

a) In connection with the authentication means

The User is obliged to keep all identification features confidential, to store them with particular care and separately from each other and to protect them from misuse by unauthorised persons. In particular, a password must not be recorded or stored on a terminal device of the User without protection or in another easily accessible way. In addition, the authentication means must not be provided to third parties (neither orally, nor in writing nor electronically) or otherwise made accessible, e.g. in e-mails that are allegedly from the Bank and that ask the User to enter the User’s authentication means or that contain links to login pages (so-called phishing e-mails) must be deleted immediately. The Bank never asks the User via e-mail to enter or update personal data online.
If there is reason to suspect that unauthorised third parties have obtained knowledge of the User’s App password, the User must change the password immediately. If this is not possible, the User must immediately have the access to the relevant services within the App blocked by the Bank. The client bears and assumes all risks and losses (own and third-party losses) arising from the disclosure or use – including misuse – of the identification features of the client or those of the authorised persons of the client.

b) In connection with the User’s terminal device

The User is obliged to minimise the security risks resulting from unauthorised access to his terminal device by implementing suitable security precautions. In particular, the operating system and the App must be kept up to date, i.e. the software updates and security fixes provided or recommended by the relevant providers must be immediately installed by the User and alerts must be observed. In addition, the customary security precautions must be used and always updated.
If there is reason to suspect that unauthorised third parties have gained access to the User’s terminal device, the User is obliged to terminate access to the App immediately and not to restore such access and, if necessary, to shut down the terminal device until such time as no further risk exists. The Bank must be informed immediately.
The User bears full responsibility for acquisition, installation and configuration of the provider (e.g. internet access provider, telecommunication service provider), the terminal device, and the hardware and software. In particular, copyrights, trademarks and additional intellectual property rights must be respected.

c) In connection with data inputs

If the User has placed an order (e.g. a payment transfer order, stock exchange order, etc.) with the Bank via the App and if, after placing such order, the User becomes aware that the Bank has not or only partially executed the order in accordance with the instructions given, the User is obliged to immediately file a complaint with the Bank.

d) Other obligations

In the event of a loss, the client must, to the best of his knowledge, cooperate in resolving the matter and in minimising the loss. In the case of criminal offences, the client must report the matter to the police.
The client is entirely responsible for ensuring that authorised persons are aware of and comply with the above obligations.

4. Exclusion of the Bank’s liability

The Bank assumes no responsibility for the accuracy or completeness of the data, information and messages, etc. (hereinafter referred to as “Data”) transmitted by it within the App. In particular, information concerning accounts and custody accounts (balances, statements, transactions, etc.), as well as generally accessible information such as stock exchange quotations and foreign exchange rates, are deemed to be preliminary and non-binding. Data included in the App shall not constitute a binding offer, unless it is expressly identified as such.
The services within the App are provided via an open, publicly accessible network (e.g. internet, telephone network). The Bank does not assume any liability for any losses arising from the use of the open network. In particular, the Bank shall not be liable for losses incurred by the client and/or authorised persons as a result of errors in transmission, technical defects, disruptions, interruptions and delays (in particular in relation to processing), illegal interventions in installations of the network and/or telecommunication service providers, capacity overload with regard to the installations of the network and/or telecommunication service providers, deliberate blocking of electronic accesses by third parties, disruptions, interruptions or other shortcomings of the network and/or telecommunications service providers.
The Bank can guarantee neither unrestricted access to the App nor unlimited use of these services. Furthermore, the Bank cannot guarantee unlimited availability of the internet. Provided that it exercises the degree of due diligence usual in banking transactions, the Bank is not liable for the results of disruptions or interruptions in the operation of its App (e.g. caused by illegal intrusion into the banking system). To the extent permitted by law, the Bank assumes no responsibility for the terminal device of the User, technical access to the App or the hardware and software required for such access.
Online communication is carried out via an open telecommunication network. The Bank excludes any liability for all losses resulting from the use of the telecommunication network.
The Bank reserves the right to interrupt the App for the protection of the User at any time if it detects security threats. The Bank is not liable for any losses resulting from such interruption.
The Bank assumes no liability in cases of simple negligence. In particular, the Bank excludes any liability in cases of simple negligence for the non-execution or belated execution of orders and resulting losses; for losses caused by any of the Bank’s agents in the exercise of their duties if and to the extent that the Bank has exercised the degree of due diligence usual in banking transactions.

5. Blocking

The client can have access or access by his authorised persons to the App blocked by the Bank during the Bank’s regular office hours; similarly, any User can have his own access to the App blocked during such times.
In addition, own access to the App can be blocked at any time by entering an incorrect PIN or password several times. The blocking can be lifted by the authorised User by telephone or by giving written consent.
Furthermore, the Bank is authorised at any time to block the access of one or all the Users to certain or all App services without disclosing a reason and without prior notice.
The client bears the risk for the use of the User's personal authentication means until such time as the blocking has become effective within a customary time period.

6. Authorisations

The User’s authorisation to use the App is valid until revoked in writing. It is expressly agreed that an authorisation granted does not expire in the case of the client’s death, deletion of the signing authority or deletion from the commercial register, official declaration of disappearance or possible loss of legal capacity, but remains in effect until revoked in writing, irrespective of commercial registry entries and publications to the contrary. If the Bank becomes aware of a client’s death, official declaration of disappearance or loss of legal capacity, it reserves the right to limit the access of authorised persons at any time.

7. Stock exchange orders

Stock exchange orders can only be processed during the relevant stock exchange operating hours. The processing of orders given to the Bank by the User depends on technical conditions, the business hours of the Bank, and the trading hours of the relevant stock exchange. The Bank does not assume any liability, in particular for losses due to market fluctuations, in connection with stock exchange orders not executed on time, provided the Bank has exercised the customary degree of due diligence in banking transactions. The same exclusion of liability applies for the event that a stock exchange order may not or only belatedly be executed for other reasons, in particular due to insufficient creditworthiness of the client.
A User placing a stock exchange order is obliged to observe the respective laws and regulations applicable to the relevant transaction and at the relevant stock exchange. The User acknowledges that the Bank does not provide any personal advice for stock exchange transactions executed through the App. For such transactions via the App, the Bank does not verify whether they are consistent with a possibly agreed investment objective, whether they are appropriate for the client or whether they correspond to the knowledge and experience of the client and/or the authorised person. The User confirms having received, read and taken note of the brochure “Risks Involved in Trading Financial Instruments” and undertakes to consult the currently valid brochure “Risks Involved in Trading Financial Instruments”. The User declares to be familiar, within the framework of the orders placed, with the conventions of the stock exchange business and confirms in particular that he knows the risks associated with the different types of transactions and agrees with them. The User acknowledges that the Bank will not provide any additional information and documents relating to investment instruments and asset classes.
The Bank is entitled to reject or cancel stock exchange orders which contradict the respective laws and regulations applicable to the relevant transaction and at the relevant stock exchange.
Due to new regulations (e.g. MiFID II), the price limit entered by the User may not be tradable due to a deviating price step. In this case, the Bank will adjust the relevant order to the next lower tradable price step for purchases and to the next higher tradable price step for sales. The User acknowledges that in exceptional cases it is possible that the stock exchange order placed will be automatically cancelled such that the User is required to check the execution of the stock exchange orders accordingly.
In connection with foreign custody account assets and account assets kept abroad, the User and/or the Bank may be obliged – pursuant to applicable foreign law – to disclose transaction, portfolio and client data as well as data of third parties associated with the client (in particular, name/company name, address, client number, IBAN and custody account/account number) to foreign stock exchanges, brokers, banks, transaction registers, central and third-party depositories, issuers, authorities and their representatives as well as other third parties. This may result in a conflict between such foreign disclosure requirements and Swiss law (bank-client confidentiality) which the Bank is obliged to observe. The User hereby releases the Bank, its employees and agents from these confidentiality obligations in this connection and waives bank-client confidentiality. The User also agrees to sign special declarations and/or documents that are requested from time to time for the deposit or the execution of transactions with custody account assets. Otherwise, the Bank can refuse the deposit or the execution of the transactions or take other measures such as liquidating the custody account assets concerned.
The User is responsible for complying with possible notification duties towards companies, authorities, stock exchanges and other third parties as well as possible obligations to submit a take-over offer. The Bank is not obliged to draw the User’s attention to such obligations. After notifying the User, the Bank is entitled to fully or partially refrain from performing administrative actions that could result in notification duties for the Bank.

8. Transaction confirmations

The Bank reserves the right to request from the relevant User a transaction confirmation to confirm the User’s order. In these cases, the User is obliged to compare the data transmitted by the Bank with his data (e.g. on the original document) and to verify its accuracy. If, in the opinion of the User, the data transmitted by the Bank is correct and if the User wishes to place the order with the Bank, he has to confirm such order to the Bank. If, in the opinion of the User, the data transmitted by the Bank is not correct, the User is obliged to cancel the transaction. Until a transaction confirmation has been received from the User, the order is deemed not to have been placed and is thus not to be processed by the Bank.

9. Secure electronic communications channel (“client portal”)

Within the App, the Bank provides a protected communications channel for the mutual exchange of information between the client and the Bank. The Bank recommends that the client use this protected communications channel rather than unencrypted channels (e.g. unencrypted e-mail). If SMS, e-mail and push notifications are used or activated by the client, the client acknowledges that the transmission may take place on an unencrypted basis. If the Bank is visible as the sender, third parties may conclude that a banking relationship exists. The client acknowledges and agrees that in such cases banking secrecy and data privacy are not maintained.
The Bank is not obliged to execute orders via the client portal. Such orders must be placed via the respective functions of the App for the specific services. The client bears any risks and consequences resulting from delayed processing.
Bank communications are deemed to have been duly received when they have been saved in the App. The client is obliged to promptly acknowledge the communications addressed to him.
The client can set up notifications (“Notifications”) within the App (e.g. for communications received from the Bank). The client acknowledges that for system-related reasons the notifications are sent via unsecured channels (push notifications, e-mail or SMS) and enable conclusions to be drawn regarding the sender and the recipient. Furthermore, the client acknowledges that these notification channels are outside the Bank’s control and the Bank cannot ensure that they will not be altered, intercepted or blocked, for example. By entering the recipient identification details (e.g. mobile telephone number), the client confirms that he is the lawful user and authorised person. The client must notify the Bank of any change in the recipient identification details in good time or amend them within the App.

10. Digital financial assistant

The digital financial assistant is part of the App and helps the client manage his finances. The digital financial assistant automatically assigns all available transactions (e.g. transfers and card payments [such as Visa Debit and monthly credit card debits] to specific categories, shows income and expenditure in graph form, and assists with adherence to personal budgets and savings goals. The client can adapt spending categories to his needs and add his own details to transactions as well as search using various criteria (e.g. keywords).
The Bank uses the technical infrastructure of an external service provider, which is subject to a duty of confidentiality, for the automatic categorisation of transactions. No data allowing conclusions to be drawn about persons is passed on to this or other external service providers.
Within the framework of the legal provisions, the Bank is entitled to use this data for the purpose of providing advice as well as offering products and information that might, in the Bank’s judgement, be of interest to the client, and for risk management purposes. If the client does not agree to use of his data, he must refrain from using the App.

11. Investor information

The information on investment products accessible via the App does not constitute an offer or a recommendation to buy or sell investment instruments or to execute other transactions or conclude any legal transaction. The information is no substitute for personal advice from qualified experts, and no investment or other decisions should be taken solely on the basis of the information in this App. Before deciding to invest, clients interested in a specific investment product must read the full product documentation as well as the “Risks Involved in Trading Financial Instruments” brochure of the Swiss Bankers Association (SwissBanking), which are available at https://www.zugerkb.ch/en/legal-information-and-terms-of-use-for-visitors-to-the-website/financial-services-act.

12. Banking secrecy and data protection

The User acknowledges that data is transported via an open, publicly accessible network. As a consequence, data is transmitted across borders on a regular basis and in an uncontrolled manner. This applies also to data transfers where both the sender and the recipient are located in Switzerland. The data itself is transmitted encrypted. However, the sender and the recipient remain unencrypted. They can also be read by third parties. Therefore, it is possible for third parties to conclude that a banking relationship exists. In addition, the User acknowledges that banking information which he asks to be sent separately by e-mail or text message etc. is usually transferred via unencrypted transmission and that banking secrecy and data privacy are therefore not maintained.
Should the User make use of another App-based service (e.g. as part of the authentication procedure with digital code or release function) or the independent sending of push notification, SMS, e-mail, etc., he acknowledges and agrees that the Bank will forward the telephone number selected by the User and the data to be transmitted to the User to the telecommunications companies necessary for digital transmission. Third-party providers of apps or mobile operating systems may, through the use of an app, receive personal data which they can process. The User hereby agrees that the Bank can collect tracking data that provides information on user behaviour for the purpose of optimising its services and for statistical purposes. In the context of notification/registration procedures or other authentication processes as well as blocking enquiries outside of Bank business hours, the Bank is entitled to disclose the client’s personal and/or identification data, such as first name and last name, IP address, device ID or mobile telephone number, to authorised third parties. Disclosure may also be made abroad. Participating third parties, in particular Apple, Google and other providers of apps and operating systems, may conclude that a client relationship exists with the Bank. To this extent, the client hereby releases the Bank from the maintenance of bank-client confidentiality.
The Bank is authorised to process all data obtained in the context of electronic services for its own marketing purposes (e.g. bank products and services). The corresponding provisions of the General Terms and Conditions, which can be found at https://www.zugerkb.ch/docs/default-source/broschueren/base-documents.pdf, also apply. Additional information can also be found in the Bank’s data privacy statement, which is available at https://www.zugerkb.ch/en/data-protection-for-clients.

13. Foreign laws/import and export restrictions

The User acknowledges that he may, under certain circumstances, violate foreign laws when using the App from abroad. The User is responsible for informing himself accordingly. The Bank assumes no liability in this respect.
Should the User use the App from abroad, he acknowledges, in particular, that there may be import and export restrictions for the encoding algorithms against which he may infringe when using the App from abroad.
The Bank is entitled to adjust or limit the scope of the available App functions at any time and without prior notice.

14. Security/assumption of risk

Due to the encryption used by the Bank, it is generally impossible for unauthorised persons to view the confidential User data. However, despite state-of-the-art security precautions and the applied due diligence, absolute security in all cases cannot be assured either by the Bank or the User. The terminal device and/or the network of the User are a part of the complete system. They are, however, outside the control of the Bank and thus in the risk sphere of the client and can become a weak point in the system.
The Users acknowledge the risks stated hereinafter and undertake to acknowledge the security information set out below and published on the web pages for the respective services or otherwise disclosed to the User and to take any recommended security precautions within a reasonable period of time: There is a constant risk that the terminal device will be infected with a virus when outside contact is maintained. The use of anti-virus programs and firewalls can reduce this risk, and the User undertakes to install them. The User is responsible for informing himself about the necessary security precautions. The User must work only with software from a trustworthy source. It cannot be excluded that internet providers develop a traffic pattern whereby the provider can determine when the User has been in contact with whom. It is possible that third parties may gain unnoticed access to the User’s terminal device during use of the internet. The availability of the internet cannot be guaranteed. In particular, errors in transmission, technical defects, disruption, illegal interventions in network equipment, capacity overload of the network, deliberate blocking of electronic access points by third parties, interruptions, and other deficiencies on the part of the network providers may occur.

15. Fees and additional conditions

The Bank may apply fees and additional conditions for the App. The Bank reserves the right to modify them at any time and to communicate such modifications by appropriate means, e.g. as an electronic notification within the App; they will be deemed as having been accepted unless a written objection is received within 30 days but in any event upon the next use of the App.
The Bank reserves the right to charge fees for the relevant bank services; these fees are based on the Bank’s currently applicable conditions. In addition, the downloading and continued use of the App may incur data download costs. The client must clarify the situation with his provider.

16. Termination

The App may be terminated by either party in writing at any time with immediate effect and without stating a reason. In addition, the Bank may block access without termination and prior information if the App has not been used during a period of at least twelve months. Despite termination, the Bank remains entitled to process all pending transactions initiated prior to the termination with legally binding effect for the client. After termination has been given, the authentication means must be made unusable or deleted.

17. Partial invalidity

The invalidity, illegality or unenforceability of one or more provisions of these conditions does not affect the validity of the remaining provisions.

18. Modification of the conditions

The Bank reserves the right to modify these conditions at any time. Such a modification will be communicated by appropriate means, e.g. as an electronic notification in the App, and is deemed to be accepted if no written objection is received within 30 days from notification but in any event upon the next use of the App. In the event of an objection, the client is free to terminate the service concerned with immediate effect before the modification becomes effective unless the client can agree otherwise with the Bank by that time.