All Instant Messages (IMs) sent between you and your UBS Financial Services Inc.'s Private Wealth Management Financial Advisor ("FA") Team are subject to the terms and conditions contained in the Instant Messaging Communications - Consent to Terms and Conditions of Use, which includes the following:
IM SYSTEMS ARE NOT OWNED OR MAINTAINED BY UBS
UBS has no control over and takes no responsibility for the performance or non-performance of any non-UBS IM system. You assume the entire risk of any use of such a system.
IM MESSAGES ARE RECORDED
UBS records and retains all IM messages.
UBS assumes no liability for confirming the accuracy or validity of any buddy names used by you to communicate via any IM system.
SECURITY OF IM MESSAGES
Instant messages transmitted over a non-UBS IM system and network cannot be guaranteed to be secure, confidential or error-free as information could be intercepted, corrupted, lost, destroyed, modified, or arrive late or incomplete. If you send UBS, or request that a FA Team member send to you, confidential information by IM you understand that:
- IMs will not be sent in a secured or encrypted manner and therefore may be read by anyone with access to your IM and/or Buddy Name.
- IMs can travel through an assortment of servers belonging to third parties and therefore may be intercepted and viewed by unauthorized third parties before they reach their destination.
- IMs can be inadvertently misdirected or forwarded to unintended third parties, and all recipients of such a communication are not necessarily visible or discernible.
- IMs can be falsified, creating the impression that the communication is coming from someone other than the person sending it.
ORDER TAKING VIA IM SYSTEMS
UBS strongly discourages the transmission of orders via any IM system and encourages you to verbally confirm any such orders immediately after sending them via such a medium. UBS will not be held liable or responsible for any delay in execution or for not executing an order transmitted via any IM system. If you do place a securities transaction order via IM you agree to the following protocol:
- Your IM must be sent to a specific member of the FA Team and must identify the account into which the order is to be placed; name or symbol of the security; size of the trade (number of shares or the principal amount you want to invest); the type of order (e.g., buy/sell, market/limit, market not held, long/short).
- The receiving member of the FA Team will acknowledge that they have received your securities transaction order by sending you an IM with the letter "k." Until you receive the "k" response from the receiving FA Team member, your order has not been received by UBS. Note that your receipt of the "k" response from a FA Team member does not constitute a confirmation that the transaction has been completed on the terms you have requested.
- Receipt of an "Away from Desk" or "User Not Available" IM, or similar "out of office" indicator reflects that the specific FA Team member is unable to take your order. If you continue to want to place a securities transaction order you must IM another FA Team member in accordance with this protocol.