Terms of use

   

Special Terms and Conditions for the Use of Your UBS Credit Card or Prepaid Card for Mobile Payment Solutions

The present terms govern the use of your UBS credit or prepaid card (hereinafter “card”) in mobile payment solutions offered by third parties.

  1. Subject matter: UBS Switzerland AG (hereinafter “UBS”) allows you to use your card in mobile payment solutions. With “mobile payment solutions,” payments can be executed through an electronic wallet using mobile devices such as smartphones and wearables (hereinafter “devices”).
  2. Relationship to other UBS terms: The present terms form an integral part of the existing agreements between you and UBS that apply to your card relationship – particularly the General Terms and Conditions for the Use of UBS Credit Cards or Prepaid Cards (hereinafter “UBS Card GTC”). The present terms shall prevail in the event of any conflict. Unless otherwise defined in the present terms, the terminology used has the same meaning as in the UBS Card GTC.
  3. Providers of mobile payment solutions: The mobile payment solution is offered by the provider of the wallet and/or device (including its group companies or any third parties commissioned) in accordance with its separate terms and instructions (hereinafter “provider”). UBS is not the provider of the mobile payment solution, but merely enables you to use your card in the provider’s mobile payment solution. You accept that the provider may alter or adapt the features of the mobile payment solution at any time at its own discretion and that the provider may temporarily suspend or permanently withdraw the mobile payment solution at any time. You do not have a claim that UBS ensures a functioning mobile payment solution.
    You are aware that UBS and the provider are independent of each other and are independent controllers in relation to the processing of your personal data. The provider collects your personal data itself for its mobile payment solution service (e.g. data concerning the cardholder and activated cards as well as transaction data from the use of virtual cards). 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. You acknowledge that it is the independent responsibility of each UBS and the provider to comply with applicable law and the contractual agreements when processing your personal data. UBS has no influence on the provider’s data-processing activities. Any objections to the processing of personal data by the provider must be addressed directly to the provider.
    By storing your card details in the provider’s mobile payment solution, you expressly agree to the provider’s use of personal data, including transaction data, in accordance with its terms of use and its data privacy notice.
  4. Card activation and text messaging: You may only use cards that are in your name in the mobile payment solution. In doing so, you must also comply with the provider’s terms and conditions. UBS has no obligation to enable your card(s) for the mobile payment solution. Your card may be activated for use in the mobile payment solution via various channels such as apps, text messaging or phone call. For this purpose, UBS may send single-use activation codes and information regarding the activation/use of the mobile payment solution to the mobile phone number you have provided in connection with your card relationship. These transmissions can potentially result in a disclosure of your banking relationship and bank client information vis-à-vis third parties, such as network and service providers.
  5. Authorization of transactions: Transactions can be authorized in accordance with the provider’s requirements, e.g. by entering a PIN or simply by using the device. By initiating transactions with your card using a mobile payment solution, you authorize UBS to debit your card account.
  6. Duties of care: The duties of care set out in the UBS Card GTC apply. In addition, you must store devices in a safe way and keep them protected with appropriate measures, such as regular updates. Access to your wallet or your devices must be protected by a personal password/PIN or by other means (e.g. a personal fingerprint or facial recognition) in accordance with the provider’s requirements. These means of authentication pursuant to the provider’s requirements may be used to authorize transactions using a mobile payment solution. These means of authentication are, therefore, subject to the same duties of care as the means of access pursuant to the UBS Card GTC. In particular, you must keep them confidential. If you suspect that your card or device has been misused, lost or stolen, or if you suspect that your wallet has been misused, you must have the card or device blocked immediately (regardless of any time difference) and notify Customer Services. If you do not use a device (any longer) or before switching devices, you must ensure that the mobile payment solution cannot be used by unauthorized third parties (by deleting the stored card data and canceling the device specific token).
  7. Transaction and data processing by UBS: Further information about how UBS processes personal data can be found in the UBS Card GTC and the UBS data privacy notice (under www.ubs.com/data-privacy-notice-switzerland).
    In order to provide the service – and also to issue a new card with a new card number or a new expiration date (updating services) for you – UBS may send your card number and the expiration date to international card organizations. This data can be processed as described in the UBS Card GTC. When you use the mobile payment solution, international card organizations obtain knowledge of the same data as when you use the card in accordance with the UBS Card GTC. In addition, they will be provided with information concerning the devices (e.g. device ID) as well as personal information required for the use of the wallet (e.g. the name and address of the cardholder and information concerning your card, such as the funding primary account number [FPAN]). Providers can also obtain knowledge of this data when it is transmitted by UBS in connection with the mobile payment solution to the international credit card organization or the providers or in accordance with the UBS Card GTC. Furthermore, providers can obtain information concerning devices, e.g. to provide you with an overview of your transactions. International card organizations and providers process your personal data on their own responsibility as described in section 3 in paragraph 2. The above-mentioned card data and data concerning devices will be transferred to UBS and any commissioned group companies as well as third parties in Switzerland and abroad, as set forth in the UBS Card GTC, and may be processed by those to provide the service and also as allowed by the UBS Card GTC.
    The transfer of data to third parties may reveal the existence of a banking relationship with UBS.
    Data sent abroad is no longer protected under Swiss law. To this extent, you release UBS from its obligation to maintain banking secrecy.
  8. Responsibility and liability: The service provided by UBS is limited to enabling the storage of your card in the mobile payment solution. UBS is not liable for any damage caused by using the mobile payment solution unless UBS fails to exercise the appropriate standard of care and diligence customary in business.
  9. Modification of the terms: UBS has the right to amend the present terms at any time or to discontinue this service. In doing so, UBS must communicate such amendments in advance and in an appropriate manner. The amendments will be deemed to have been accepted unless objection is raised in writing within one month of notification, but in any event when the card is first used.
  10. Applicable law and place of jurisdiction: The present agreement is governed by Swiss substantive law. The sole place of jurisdiction for all proceedings is Zurich or the place of the branch holding the account. At the same time, this is also the place of performance and the place of debt collection for clients with a domicile outside of Switzerland. Any mandatory legal places of jurisdiction are reserved.

April 2020