- Purpose of UBS TWINT: TWINT is a payment system operated by TWINT AG (hereinafter "Payment System Operator"). UBS TWINT is an app that facilitates cashless payments via the TWINT payment system using mobile end devices such as smartphones. Users of UBS TWINT (hereinafter "Users") can make payments (a) to authorized merchants for the purchase of goods or services (including donations) (hereinafter "P2M Payments") or (b) to other people who use UBS TWINT or a TWINT app of another TWINT provider (hereinafter "P2P Payments"). Users can also use UBS TWINT without a UBS account or UBS credit card. UBS TWINT can provide the User with additional services (e.g. storing details of customer cards for collecting customer points, discount promotions, couponing and similar offers; see section 13 "Value Added Services”) from UBS or third parties (e.g. merchants).
- Conditions of use and registration: To be able to use UBS TWINT, the User must have a Swiss mobile telephone number and must register by accurately entering the follower user information: First and last name of the User as stated in their official ID as well as a Swiss mobile telephone number, debit source and account to be credited, all registered to the User. The User may enter as the debit source a Swiss UBS account (a) in their own name, or (b) in the name of another person (hereinafter “Account holder”) provided the User has power of attorney for this account and has access rights to UBS Digital Banking. The User may also enter as the debit source a Swiss credit or prepaid card in their name that is acceptable for UBS TWINT. If the User enters a credit card or prepaid card of a third-party provider as the debit source, the User must also (i) scan their personal identification document (passport/identity card/Swiss driver’s license or residence permit) and (ii) enter their address and date of birth. The User can use a bank or postal account in their own name at any Swiss bank for the account to be credited. Changes to the registration data must be entered in UBS TWINT.
- User’s obligations to exercise due care and diligence: To use UBS TWINT, the User must set up a passcode. The User undertakes to keep this passcode secret. The User must not write it down or save it unsecured electronically or use passcodes made up of combinations that can be easily guessed (e.g. telephone numbers, dates of birth, car number plates, or easily guessed series of numbers). If applicable, the user may also replace the passcode by a fingerprint login (“Touch ID” and “Login with fingerprint) or Face ID (in accordance with the separate supplementary provisions). The User must protect their end device against unauthorized use or manipulation (e.g. by locking the device or display). Should there be reason to assume that unauthorized individuals have gained access to the device and display locking functions, these must be changed immediately. If the end device is lost, and especially in the case of theft, UBS must be informed promptly so that UBS TWINT can be blocked. Should losses be incurred, the User must, to the best of their knowledge, contribute to clarifying the case in question and mitigating the loss. In the event of criminal acts, the User must file a complaint with the police.
- Available funds and limits: At the time the payment is executed, the debit source must contain available funds (credit balance and/or available credit limit) at least in the amount of the transaction. There must be no prohibitions or restrictions on disposal (in particular, no legal or regulatory provisions, administrative orders or agreements limiting the right of disposal). There is a limit on the amount for each payment. UBS reserves the right to limit the amounts that can be sent or received within a fixed period of time (e.g. within a given month). See limits at www.ubs.com/twint. If the User's payments reach this limit, they may not make and/or receive any further payments via UBS TWINT until the end of the period. UBS reserves the right to make changes to these limits at any time and without prior notification. These limits may vary depending on the debit source entered (credit card / prepaid card or a UBS account).
- Payment instructions: When the User confirms the payment instructions in UBS TWINT (by swiping) or (up to a specific amount) simply by using the end device, the User irrevocably directs and authorizes UBS to pay the transaction amount to the recipient and to debit the debit source entered by the User. The User must be registered with the Payment System Operator to be able to use UBS TWINT. P2P Payments are credited only via the mobile phone number that has been registered. The User may use UBS TWINT to register with authorized merchants for the "Saving TWINT as payment method" payment function. In this event, UBS is authorized to debit the transaction amount to the User's debit source without them being required to authorize individual charges in each case and to pay that amount to the merchant as per the separate agreement between merchant and user for the "Saving TWINT as payment method".
- Processing of payments by UBS: UBS is under no obligation to execute outgoing payments or process incoming payments that violate applicable law, regulatory provisions or administrative orders or that in any other way fail to comply with the internal or external UBS code of conduct (such as regulations regarding embargoes or money laundering). UBS may not be held liable for any delays due to any clarifications that are required, unless UBS did not carry out the customary due care and diligence. The User will be notified of incoming payments to UBS TWINT, although credits to the account will be made subsequently and may possibly be delayed. Where this account is not held with UBS, UBS will arrange the transfer within the applicable cut-off time. UBS cannot influence when the transaction amount is credited to an account with another bank.
- Return of payment orders: UBS is not obliged to execute a payment order where one or more of the conditions for its execution are not met (see e.g. section 4. "Available funds and limits"). The payment order can also be rejected by another party involved in the transaction (e.g. the Payment System Operator or the recipient's bank / financial intermediary). If UBS has already executed the payment, it will arrange to recredit the User once the funds have been returned. Any resulting costs can be directly debited to the User's debit source, unless they were incurred by reason of UBS's failure to exercise customary due care and diligence.
- Return of payments received: UBS returns incoming payments to the remitter's bank and/or financial intermediary if there are reasons preventing a payment from being credited (local or regulatory provisions, regulations issued by the authorities, non-existent account to be credited, etc.). If a payment is returned, UBS may inform all those involved in the payment transaction (including the remitter) why the payment was not credited.
- Obligation to check receipts and report discrepancies: Electronic receipts must be checked as soon as they are received. Any discrepancies, in particular debits resulting from misuse of UBS TWINT, must be reported to UBS immediatelyand contested in writingto the address of UBS within 30 days of receipt of the electronic receipt (date of postal stamp). If the objection is not submitted in time, this may result in the User violating their obligation to minimize losses and being held responsible for the resulting losses.
- Image function: The image function is generally available only for P2P Payments. At its own discretion, UBS may restrict the image function or block the User's account, in particular if there is any substantiated evidence of improper or indecent use.
- Transfer of data: When registering, the User authorizes UBS, with regard to TWINT payment transactions, to forward data of the User or the Account holder, in particular first and last name, mobile telephone and end device number, address, date of birth (hereinafter “Registration Data”) and other transaction data relating to the payment order (e.g. amount, recipient details, details of the User or Account holder , any data about the debit source and account to be credited, payment reference, images, any location data; hereinafter “Transaction Data”) to the Payment System Operator (or other third parties based in Switzerland that perform tasks of the Payment System Operator). UBS and the Payment System Operator may also forward this information to banks and/or financial intermediaries and other parties involved in the payment (e.g. authorized merchants) and/or share this information with them, if this is necessary for the purpose of processing the payment or providing the services offered in UBS TWINT (e.g. Value Added Services). When making P2M payments in the business premises of an authorized merchant (“point-of-sale business”), the User’s identity is not revealed to the merchant. The User may be required to show their electronic receipt. The User acknowledges that when payment orders (P2P payments) are executed, data pertaining to them (e.g. name of the User or Account holder and transaction amount) is transmitted to the payment recipient and displayed in unencrypted form on the recipient’s end device depending on the settings of the TWINT app (e.g. Push notifications on the screen of the payment recipient). Due to the use of apps, third parties, such as the manufacturers of the User’s (or payment recipient’s) devices as well as third parties commissioned by the device manufacturer, could access this information and possibly conclude that there is a banking relationship. The provisions governing the processing of personal data for Value Added Services always apply (see section 13).
- Use of data: To use certain functions in UBS TWINT, the User may have to activate location services on the end device, so that UBS TWINT can access the User's location data. The User authorizes UBS and UBS Group companies to save, process, use and draw up profiles from all data processed in connection with the use of UBS TWINT (e.g. registration and transaction data) and data from third-party sources. This data will be used by UBS and UBS Group companies, in particular, to provide services in connection with UBS TWINT and to provide the User, where necessary, with individual advice, customized services and information about UBS products and services, as well as for market research, marketing and risk management purposes. UBS gives Users the possibility to opt out of receiving advertising.UBS or the Payment System Operator may work with network operators (e.g. Swisscom) to send marketing communications and provide such operators with the User's mobile phone number. Any other processing of personal data with regard to Value Added Services is governed by the following section.
- Value Added Services:UBS TWINT can provide the User with additional services (e.g. storing details of customer cards for collecting customer points, discount promotions, couponing and similar; hereinafter "Value Added Services") from UBS or third parties (e.g. merchants). The use of Value Added Services requires activation by the User (e.g. storing of details of customer card) and/or the express consent of the User in UBS TWINT. By using Value Added Services, the User authorizes UBS and other involved third parties (e.g. Payment System Operator and merchants), to process all data relating to Value Added Services (e.g. customer card numbers, transaction amounts, shopping basket contents, loyalty points, possibly location data), where this is required for the purpose of providing or improving Value Added Services.The use of this data by the merchant involved in the specific case shall also be governed by the contractual relationship between the User and the merchant (e.g. customer card terms and conditions).
- Outsourcing of business areas and services: UBS may outsource business areas and services to group companies and to third parties in Switzerland and abroad. The business areas and services concerned, which may be outsourced in their entirety or in part, are in particular payment transactions, compliance, data management, IT, and back and middle office services. Data may have to be transmitted to internal or external service providers as part of the outsourcing process. All service providers are bound by relevant confidentiality requirements. Where a service provider is based abroad, UBS will transmit only data that does not permit the identity of the User to be deduced.
- Right to use UBS TWINT: For the use of UBS TWINT, UBS grants the User the non-exclusive, non-transferable and cost-free right to download UBS TWINT (including from an authorized third party) and to install and use it on an end device that is owned and controlled by the User. UBS TWINT may contain software that is licensed by a third party. The User acknowledges and accepts the rights of UBS and of any third parties with respect to UBS TWINT. If the use of UBS TWINT deviates significantly from normal usage patterns or if there is any indication of behavior that is illegal or in breach of the agreement, UBS can insist that Users use UBS TWINT in a legally and contractually compliant manner, alter the provision of the service with no compensation or prior notification, terminate the agreement without notice and with no compensation and, where necessary, demand compensation for losses and indemnification against third-party claims. The same shall apply in instances in which the User provides incorrect or incomplete details upon concluding the agreement.
- Costs: The use of UBS TWINT is free of charge. UBS reserves the right to introduce compensation / a fee for the use of UBS TWINT at some future date.
- Merchant's commission: Where P2M transactions are performed, merchants pay a fee for the use of the TWINT payment system (known as the merchant's commission) to the companies that recruited them as acceptors of TWINT and with which they have entered into contracts to that effect (known as acquirers such as SIX Payment Services Ltd or TWINT Acquiring Ltd). Part of these fees are passed on to UBS.
- Risks: There are risks connected with the use of UBS TWINT, such as: (1) system interruptions and other defective transmissions that cause delays, incorrect routing, or deletion of information; (2) misuse resulting in loss or damage caused by the interception of information by third parties; (3) access to information if the end device is lost;(4) changes to or falsification of data (e.g. fabricating false data). For example, the User or payment recipient will be sent unencrypted push notifications via UBS TWINT, which involves the User’s end device generating an application device identifier and sending this via Google or Apple. The use of TWINT apps by the User or payment recipient on a mobile device may mean that third parties (e.g. device manufacturers, providers of app distribution platforms, network providers) are able to conclude that there is a banking relationship with UBS or access client information (in particular specific transaction data). These risks can also arise with other messaging services (e.g. SMS).
- Liability: UBS shall not be liable for any loss or damage suffered due to transmission errors, misrouted transfers, technical faults or defects, outages and illegal access or intervention in the User's end device, unless such loss or damage is attributable to a breach of the standard of due care and diligence customary in the business on the part of UBS. Moreover, UBS is not liable for losses due to disruptions or interruptions (including system maintenance work) to the systems of UBS. In addition, UBS does not offer any guarantee or accept any liability for the information on the end device being up to date, correct or complete.
- Sales platforms and app-to-app switch functionality: Authorized merchants may offer the sale of goods or services via their own apps that have app-to-app switch functionality and support P2M Payments. UBS confirms that UBS TWINT and merchants' apps that accept TWINT as a means of payment are available only from trustworthy sales platforms (such as the App Store (iOS) or Google Play Store (Android)). UBS shall not be held liable for any losses resulting from the use of third-party apps or software acquired from other sales platforms.
Version January 2019