10-2018                                                                          Go to Data Privacy Notice
1. Purpose

These Special Conditions govern the existing relationships between the Client (hereafter the «Client»), the third party to whom authorization to access e-Banking services has been granted (hereafter the «Authorised Third Party») and Hyposwiss Private Bank Genève SA (hereafter the «Bank») with respect to the provision and use of the Bank’s e-Banking online services.
These Special Conditions apply to the relationship between the Bank and the Client, whether or not the latter has his own access to e-Banking Services and between the Bank and the User of the e-Banking services. They shall also apply where applicable between the Client and the User of the e-Banking services.

2. User of the e-Banking services

The Client may request access to e-Banking services either for himself or for a third party. However, the Authorised Third Party designated in the Request form must already have sole signing authority (general power of attorney or management mandate) for the relationship between the Client and the Bank. The terms and conditions of the power granted to the Authorised Third Party governs his access.
In the case of a joint account, each account holder with sole signing authority, whether or not a User, may individually seek access for himself or a third party or cancel his own online access without obtaining the prior consent of the other account holder(s). Nonetheless, the Bank reserves the right to decide at its own discretion. Each joint Client shall under any circumstances be jointly and severally liable for all resulting consequences.
If the Client is a legal entity, only those of its representatives with a power of disposal over the account, are entitled to sign the Request form to access Internet e-Banking services and to be Users of the services provided, on condition that they be corporate officers or have a specific written authorisation of the entity’s corporate officers. If the User is itself a legal entity, the same rules apply to the authorised representatives of this entity. In the case of several corporate representatives, each one may individually seek access to e-Banking services, regardless of their signing authority for the account or within the company.
Any Client, irrespective of whether he is a User or not, may at any time individually request access to one or more account(s) already covered by the e-Banking online services Request and/or ask to modify his access profile in writing. The Authorised Third Party is only authorised to modify his own profile access by limiting such profile, and he shall not be authorised to request access to a broader profile or to include new accounts.
The use of e-Banking services and the ensuing rights are strictly personal to the User. The User may not transfer these rights to any third parties, regardless of whether or not they are Users themselves, either for a fee or free of charge. The User is liable in full for any consequences that might arise from a violation of this provision.

3. Access to e-Banking services
The e-Banking services are accessed via an open network, being the Internet, and an application for portable devices (e.g. smartphone or tablet or any other Internet connected device), by means of a secure (encrypted) channel. The Bank reserves the right to adopt any other communication methods or systems in accordance with future technical developments.
A Request to Access Internet e-Banking Services, shall be submitted for each account relationship (bank account and securities account) and for each User on a separate form. Multiple account relationships can be accessed by one User access. In providing access to e-Banking services, the Bank confirms its approval of the Client’s request for access. The Bank reserves the right to block or cancel access at any time, in accordance with the terms and conditions set out below.
The Bank is not under the obligation to provide the User with training in e-Banking services but it does offer assistance through an online “helpline” service, with no guarantee of a successful outcome.
The Bank alone decides upon the technical means used to access e-Banking. The Bank reserves the right to modify and/or cancel at any time the characteristics and scope of such technical means, which include the user code, password and a security code (provided by SMS-Short Message Service) or e-mail.
The Bank does not provide or guarantee the maintenance of the User’s IT system or of the private or public means of transmission used for communication outside of the Bank.

4. Authentication
Each User receives for the accounts it is allowed to access the following:
– a user code
– a password
– a one-time code sent by SMS to his mobile phone or e-mail each time he logins (security code) or an authentication by a finger print or any other biometric authentication on a mobile device or tablet
– a user guide.
The Bank can change the content of the kit at any time and it retains hereby full right of ownership of any equipment provided.
Anyone who enters the correct codes and references (security code) associated with a user code and password, using the software to set up an encrypted “User/Bank” channel, will be deemed by the Bank to be validly identified as a User. Therefore, the Bank is authorised to allow a User duly authenticated to view the Client’s bank account(s) and securities account(s) and to provide access to e-Banking services without any additional verifications on its part.

5. User’s duty of due care

The User agrees to keep his codes and references (security code, user code and password) strictly confidential and to use all appropriate means to prevent their misuse by unauthorised persons. In particular, the User will ensure that his password is not saved on his computer without protected access. Moreover, the User can change his password at any time and on his own initiative. Under no circumstances can the Bank be held responsible for any transactions made if the electronic identification procedure has been adhered to and access has been duly authorised.
All Users are subject to this obligation of confidentiality. The Client may thus be held liable, in this respect, for any loss or damage incurred by unauthorised users or third parties misusing the security codes, references and/or password.
If the Client or User knows or suspects that unauthorised third parties have become privy to the above codes, references or password of a User, he shall immediately notify the Bank thereof immediately, and request the Bank to block access to e-Banking services and request replacement codes, references and password. The same applies in the case of loss or theft of the mobile phone used for the security code, or if the User’s email has been hacked, or if the User’s code and/or password has (have) been lost.

The Client and the User are liable in full to the complete exoneration of the Bank for all risks, consequences and damages that may arise from a breach of their duty of due care. Likewise, the Client – whether or not a User – is liable in full to the complete exoneration of the Bank for any consequences that may result from the use – whether authorised or not – of his codes, references and/or password or those of any other User having access to the Client’s bank account(s) or securities account(s).

6. Risks

The e-Banking services are provided in a particular environment that entails certain risks, such as transmission problems, attacks and overloading of the Bank’s and/or the User’s IT system, system interruptions (breakdown or maintenance), incorrect operation, technical problems, failures associated with network providers and telecommunication equipment, privacy abuses, viruses, intrusions and/or illegal acts. The Client and the User accept in full all the risks incurred, releasing the Bank of any liability.
Although the e-Banking communication system operates via the Internet, its powerful IT system has been designed to offer the User a high degree of security and confidentiality. The Bank makes every effort to maintain this level of security and confidentiality. However, under no circumstances can the Bank be held responsible if unauthorised third parties obtain and divulge confidential information about the Client or his assets or accounts and/or about the User, where such information has been transmitted via an open communications network.
The User is aware of the risks that may undermine the confidentiality of banking data and agrees to take all appropriate security measures to prevent any such occurrences. In particular, the User will ensure that his systems for data protection and storage on hard disk, file transmission, transmission control, etc. cannot be penetrated. The User will also take all necessary precautions against risks associated with viruses, intrusions, computer piracy and other illegal acts. The User is liable in full for the conditions under which he accesses the online services offered by the Bank. He accepts that the Bank does not provide any of the technical tools required for accessing e-Banking services.

7. Blocking of access

If the Bank detects a security issue, or otherwise considers it appropriate, specifically in the case of death or legal incapacity of the User or the Client, or if the User no longer meets the conditions for granting access, the Bank reserves the right to block any User’s access to e-Banking services at any time, without prior notification and without having to justify its decision. The Bank accepts no liability for any loss or damage that may be incurred or suffered by reason of any such interruptions.
At the express request (written, secure e-mail, or verbally in urgent cases) of the User or the Client, whether or not the Client himself is a User, the Bank will block a User’s access to e-Banking services immediately upon receipt of such notification. The Bank accepts no liability for any loss or damage that may be incurred or suffered by reason of any such blocking. Such blocking applies to the e-Banking services relating to that (those) account(s) designated by the User, and may only be lifted upon written application by the person who requested it.
Where there are several persons constituting the Client, any one joint account holder cannot, in principle, request that another joint account holder’s access be blocked.
Unless otherwise specified in writing by the Client, a request by the Client to block the access of an Authorised Third Party refers only to access to e-Banking services and not to the powers and rights that this Authorised Third Party otherwise holds in respect of the account relationship in question.
The Client and the User are responsible in full to the complete exoneration of the Bank for any risks and damages that may be incurred or suffered by reason of any interruption of any e-Banking access, including following a fraudulent request for blocking, except in the case of gross negligence on the part of the Bank.

8. Intellectual property

All the intellectual property rights concerning e-Banking services, specifically copyrights and trademarks, are under exclusive license to the Bank. The User’s right to use these services is strictly personal, restricted and revocable; moreover, third-party information provided via e-Banking services may be subject to third-party intellectual property rights and may only be used for strictly personal purposes.

9. Information accessible via the e-Banking system

The Bank accepts no liability for the accuracy and integrity of data sent via e-Banking services, whether this is information in respect of the bank account(s) and securities account(s) (such as statements, balance, etc.) or information from third-party systems (such as share prices and exchange rates), the accuracy of which is not guaranteed. Under no circumstances should such information be construed as an offer to buy, subscribe, sell or redeem investments or as investment advice.

10. Legal restrictions

Use of e-Banking services via the Internet may be subject to legal and regulatory restrictions in certain countries (notably United States and Canada). It is up to the Client and the User to enquire about any such restrictions in their country of domicile, residence and/or connection, and to comply with them. Whatever the place of connection, by connecting to the e-Banking services, the Client and the User represent and guarantee to the Bank, to its full release and discharge, that they are not subject to any such restrictions.

11. Secure e-mail via e-Banking

Secure e-mail is one of the e-Banking services offered by the Bank and it can be used to send messages to the Bank. Orders and instructions concerning securities, brokerage, forex or wire transfers which are communicated via the secure e-mail must be confirmed by the Bank’s relationship manager. The Bank will therefore not be held liable for any messages sent to it by e-Banking e-mail.
In any case, the Bank cannot be held liable for the execution, non-execution or incorrect execution of any transactions or orders that are nonetheless sent via the e-Banking e-mail.
Where there are several Users for the same account relationship, it should be noted that messages sent by one User can be viewed by each of the other Users.

12. Data protection and banking secrecy

The Client acknowledges that Swiss law, specifically in the area of banking secrecy and data protection, ceases to apply to data once sent out of Switzerland and that the applicable foreign legislation, depending on the case, may not provide the same level of protection.

13. E-document service

The E-document service is an integral part of e-Banking services. It contains all bank correspondence related to the account(s) of which access to /was granted via the e-Banking service. The Client acknowledges and agrees that an e-document will be considered to have been duly delivered to him once the Bank has made the e-document available in the e-Banking. The Client shall examine the incoming e-document for completeness and correctness without delay upon availability of the e-document and the e-document shall be considered accepted and approved by the Client after the time limit defined in the Bank’s General Banking Terms and Conditions.

The Bank retains the right to deliver selected documents physically to the Client, in addition or instead of an electronic version thereof provided via e-Banking.

The e-documents are available for download in the e-Banking for a period of at least 24 months. After such period, e-documents will be deleted even if the Client did not open and read these documents. The Bank does not assume any liability for loss or damage resulting from the deletion of the e-documents. Where necessary, e-documents may be subsequently requested in hardcopy from the Bank in exchange for a fee.
The Client agrees to assume exclusively to the complete exoneration of the Bank, any and all consequences which may result from his authorization and instruction to no longer provide him with physical banking documents or from the electronic transmission of documents or any failure to take note of the e-documents in due time.

14. Electronic Wire Transfers

The Bank may at its discretion offer the service of wire transfer via the e-Banking service. Upon the Client’s specific request, the Bank will activate the wire transfer service via e-Banking. The Bank reserves the right to refuse the activation of such service. Wire transfers entered via the e-Banking service may be subject to a limitation by amount, limitation by volume or limitation by aggregated amount within a certain period or any other limitation according to the Bank’s policy. The Bank has the right to refuse the execution of any payment entered via the e-Banking service. The Bank has the right to contact the User by phone in order to have a voice validation for any payment entered by the User via e-Banking. The Bank has the right to request a written confirmation for any instruction entered by the User via e-Banking.

The Client is fully aware of the risks involved in electronic payments and the use of electronic means of communication. All the information entered by the User in order to execute a wire transfer is the full responsibility of the Client. In no circumstances the Bank will be liable for any error in amount, account number, payment details or any other detail entered via e-Banking by the User.

15. Placing orders and Instructions

The Bank may at its discretion offer the service of security and forex orders via e-Banking. Orders and instructions concerning securities, brokerage and foreign exchange transactions which are entered via e-Banking may not be executed around the clock. Transition and execution of such orders shall depend on technical conditions, the Bank’s business hours/days and/or regulatory restrictions regarding client suitability to purchase certain products. Stock exchange orders via e-Banking are settled and posted following the normal operating procedure of the Bank. The Bank shall be entitled at all times to reject or cancel orders or instructions at its discretion. This may occur, for instance, if orders or instructions do not correspond to relevant standards of the Bank or of the stock exchange(s), in case of mistakes, in case of illegal or abnormal transactions, in case of regulatory breach or exceptional market conditions, in case of insufficient level of cover or any other reason. The Client accepts any losses or other consequences of such rejection or cancellation.

The Client is fully aware of the risks involved in electronic transactions. All the information or data entered by the User in order to execute a security or forex transaction will be the full responsibility of the Client, to the complete exoneration of the Bank. Under no circumstances the Bank will be liable for any error in amount, quantity, error in selling instead of buying and vice versa or any other detail entered via the e-Banking by the User.

16. Bank Publication

The Bank may at its discretion publish certain publications and listings of financial products to certain clients via e-Banking. These publications are provided for general information purpose and should not be considered as an individual recommendation or personalized investment advice. The type of securities mentioned may not be suitable for every client. The User is urged to base his investment decisions upon such appropriate investigations, inquiries and verifications as he shall deem necessary.

17. Push Notifications / Alerts

The User acknowledges and agrees that the Bank may send push notifications (“Alerts”) to his mobile device or e-mail address each time an important e-document and/or important information regarding the account (including, for greater certainty, any sub-account) or the Bank is available or in case an action is required by the User. The User is aware that Alerts might be transferred unencrypted via third-party providers via an open network which cannot be regarded as a secure environment.

18. Modifications

The Bank reserves the right to amend the Special Conditions for Access to Internet Services (e-Banking access) at any time and to modify the characteristics and scope of the e-Banking services, specifically by offering new versions.
However, all Users shall be notified of any such modifications in a manner deemed appropriate by the Bank. Any Client or User who does not accept these modifications must inform the Bank in writing within thirty days of such notification having been sent, in which case e-banking access will be cancelled. For joint accounts, the modifications are deemed to be accepted by all joint account holders unless contested by one of them.

19. Termination of access

Both the Client and the Bank are entitled to terminate all or part of the access to e-Banking services at any time and with immediate effect. The Authorised Third Party shall have the same rights as far as his/her own access is concerned. The Client and User will notify the Bank of their respective decision in writing. Unless otherwise stipulated, cancellation of an access applies to all the account relationships concerned by this access. Such termination shall not revoke any instructions previously given in respect thereof which are in the process of execution. The User is obliged to return the associated equipment to the Bank, i.e. the installation kit and the security card, and to uninstall all copies of the software programs provided.

20. Governing law and jurisdiction

All legal relationships that exist between the Bank and the Users (including for greater certainty, the Client) are governed by the laws of Switzerland. The place of execution, place of debt collection for Clients and /or Users domiciled abroad, and place of jurisdiction for all proceedings are Geneva (Switzerland). Nonetheless, the Bank is entitled to institute legal action at the Client’s or at the User’s place of domicile or registered office or before any other competent court.

The General Terms and Conditions of the Bank remain applicable.


Data Privacy Notice


The purpose of this Data Privacy Notice (hereinafter referred to as the “Notice”) is to inform our clients (hereinafter referred to as the “Subjects”) about how we collect, store and process their personal data.

1. Entity Responsible for Processing and Principles

Hyposwiss Private Bank Genève SA, together with all its subsidiaries and affiliated companies (hereinafter referred to as “Hyposwiss”) recognizes the importance of keeping clients’ data confidential and protecting their privacy rights. Regarding its activities and the data collected by it, Hyposwiss intends to apply the most restrictive principles and standards that are identifiable with respect to the protection of personal data. Therefore, all personal data and information (hereinafter referred to as “Data”) provided in connection with our services will be processed lawfully, fairly, transparently and confidentially.

2. Consent

By contracting the services offered by Hyposwiss (hereinafter referred to as the “Services”), and in accordance with the legal provisions in force, Subjects acknowledge that entering into an engagement with Hyposwiss means that they agree to the collection and processing of Data and agree to this Notice.

3. What Data is Collected?

3.1 Type of Data

As part of the Services, Hyposwiss collects the following Data (contemplative, non-exhaustive list) from its counterparties (clients, administrators of private equity vehicles, lawyers, banks, other financial intermediaries):

• Identification data: personal identification data (name, surname, title, tax identification number) and information relating to investment entities.

• Identification data issued by public authorities and other registers: identity cards, passports, certificate of incorporation, articles of association, share registers.

• Location data: personal and business addresses of investment entities.

• Communication and electronic identification data (personal and business): telephone number, e-mail address.

• Financial data: identification number and bank account numbers, financial resources, assets, financial transactions.

3.2 Information Collected Directly from Subjects

Hyposwiss collects and records all information provided in connection with the Services or by any other means in its Clients Relationship Management system. The Subject may choose not to provide Hyposwiss some Data, however this decision may deprive the Subject of some Services or features offered in connection with the Services.

3.3 Information Collected from Third Parties – Subcontractors

As part of its Services, Hyposwiss may also collect data from third parties (administrators of private equity vehicles, lawyers, banks, other financial intermediaries, list of international sanctions, information available to the public (e.g. Bloomberg, World-Check, FACTIVA or LexisNexis)). Data collected from third parties is treated in the same way as Data collected directly from the Subjects (see paragraph 4.2 above).

Hyposwiss may be considered as a processor of personal data in the context of information collected from third parties, according to the applicable regulations. Should this be the case, Hyposwiss will enter into a data processing agreement with the third parties concerned to ensure compliance with the present Notice.

4. Legal Basis and Purposes of Data Collection and Processing

Hyposwiss processes your personal data in accordance with the legal bases and purposes set out in this Privacy Notice. Several objectives can form the basis of the same treatment.

The objectives are generally as follows:

• Performance of contractual (including pre-contractual) obligations:

o The opening and maintaining of the contractual relationship with the Subject (hereinafter referred to as a “Business Relationship”), including all formalities relating to the identification of the Subject and of any person or entity over whom the Subject or a third party provides information and / or of which Hyposwiss has knowledge in any other way in connection with the Business Relationship (hereinafter referred to as a “Related person”);

o Any other related services provided by Hyposwiss’ service providers and subcontractors in a Business Relationship;
o The management, administration, placement and distribution of financial products, including all services related to these activities.

• Compliance with a legal obligation to which Hyposwiss is subject:

o Comply with the banking regulations and legislation that apply to Hyposwiss as a bank subject to the regulator’s supervision;
o Cooperate with the relevant administrations and public authorities;
o Prevent fraud, including tax fraud, money laundering, terrorist financing, corruption, and the provision of services to persons and entities subject to economic or trade sanctions.

In view of legal and regulatory obligations, we inform you that failure to provide the information and documents that may be requested from you on this basis may prevent us from continuing a business relationship with you.

• Pursuit of Hyposwiss’ legitimate interests, including:

o Improve the Business Relationship and the offer of services and products;
o Improve Hyposwiss’ internal commercial organization and operational activities, particularly in terms of risk management;
o Record telephone calls and e-mails to verify instructions received, enforce or defend Hyposwiss’ interests or rights, evaluate, analyze and improve the quality of our services, train our employees and manage risks;
o Ensure the security and proper IT functioning of the bank and prevent unauthorized access to bank premises, sensitive areas, IT systems (e. g. PCs), etc. by installing badge systems;
o Exercise our rights in claims and disputes (legal actions, investigations or similar proceedings);
o Report to the competent authorities potential criminal acts or threats to public safety, including the transmission of relevant personal data;
o Preserve our property rights or collect evidence in the event of armed robberies or fraud by setting up a video surveillance system.

• Subject’s consent for a specific service:

If the processing of your personal data requires that you give your prior consent (for example, automated processing to define and establish the Business Relationship), we will ask you to provide it to us for this specific processing.

5. Methods of Data Processing

Data is processed by Hyposwiss – or by third parties selected on the basis of their reliability and competence, as well as by duly appointed data controllers – solely for the purposes specified in paragraph 4 above, mainly by means of computer tools, but also on paper.
Hyposwiss retains the Data for as long as necessary for the fulfilment of the Purposes for which it was collected and in accordance with the regulations applicable to the Services.

Similarly, Hyposwiss deletes or anonymizes personal data (or takes equivalent measures) as soon as they are no longer necessary to achieve the Purposes, subject however (i) to legal or regulatory requirements applicable to the data retention for a longer period of time, or (ii) to ascertain, exercise and / or defend actual or potential rights in legal proceedings, investigations or similar proceedings, including legal holds that Hyposwiss might impose to preserve relevant information.

Security measures are applied to prevent the risk of loss of data, unlawful or improper use and unauthorized access (see paragraph 7 (Confidentiality, Security and Data Protection) below).

6. Profiling

Hyposwiss may evaluate certain characteristics of the Subjects and Related Persons on the basis of automatically processed Data in order, in particular, to offer them personalized offers and advice or information about its Services. Hyposwiss may also use technologies to identify the level of risk associated with a specific Subject or Business Relationship activity.

In contrast, Hyposwiss does not use automated decision making in relation to a Business Relationship, a Subject, or a Related Person.

7. Access to Data and Data Transfers

The Data transmitted to Hyposwiss will be known and used by Hyposwiss employees and/or its subsidiaries (national or foreign) for the sole purpose of performing the Services that constitute the purpose for which the Data was collected.

As part of the performance of the Services, Hyposwiss may transmit the Data to third parties, in particular to custodian banks or national and international tax authorities, in accordance with fiscal reporting obligations.

The transmission of data to third parties abroad is alternatively based on (i) an adequacy decision based on the list of countries whose data protection legal standards are approved by the European Commission, (ii) appropriate safeguards or (iii) a waiver for specific situations (execution of a mandate related to the Services offered by Hyposwiss, in particular).
Hyposwiss does not sell or rent the Data to any third party.

Finally, Hyposwiss may have to share the personal data:

• To put the needed Service at the Subjects disposal;
• Where permitted or required by law to comply with a valid legal process;
• To protect and defend Hyposwiss’ rights or property, including the security of its products and services;
• To protect the personal safety, property or other rights of the public, Hyposwiss or its clients or employees; or
• In connection with the sale of all or part of Hyposwiss’ operations.

When Hyposwiss has the legal obligation to disclose Data to third parties, Hyposwiss will take all commercially reasonable steps to notify the Subjects in advance, unless otherwise required by law. If Hyposwiss engages in a process of merging, acquiring or selling assets, Hyposwiss will comply with this Notice.

8. Privacy, Security and Data Protection

Hyposwiss undertakes to ensure that there are adequate levels of protection of Data, in particular those relating to banking secrecy and data protection.

Subjects’ Data will be transmitted to and stored on Hyposwiss’ servers, access to which is strictly limited. Hyposwiss has taken the appropriate technical and organizational precautions to ensure that its servers are accessible exclusively to duly authorized persons, as well as special precautions about the protection of its technical environment.

9. Rights of the Subjects

In accordance with the applicable regulations, Subjects may exercise the following rights with respect to their data in connection with the processing of Data:
• Right to request access to stored Data;
• Right to request the rectification of stored Data;
• Right to request the deletion of stored Data, subject to the applicable legal provisions on data retention;
• Right to request a limitation of the processing of stored Data, subject to the applicable legal provisions regarding the processing of data; and
• Right to request a prohibition on the processing of stored Data, subject to the applicable legal provisions regarding the processing of data.

Even if a Subject contests the processing of its Data, Hyposwiss is entitled to continue such processing if it is (i) legally binding, (ii) necessary for the performance of the Contract to which the Subject is party, (iii) necessary for the performance of legal obligations in compliance with proceeding of public interest or (iv) necessary for the legitimate interests that Hyposwiss pursues, including the finding, exercise or defense of a right in justice.

The exercise of any right set forth in the paragraph shall be carried out in accordance with the communication provisions of paragraph 10 (Communication and Remarks) below.

The Subject has the right to require Hyposwiss to protect their data. Hyposwiss works tirelessly to protect itself and its users from unauthorized access, alteration, disclosure or destruction of information that is held.

More specifically:

• Hyposwiss respects this Notice in all circumstances with respect to all Data that Hyposwiss collects about the Subject concerned.;
• Hyposwiss limits the use and disclosure of Data and ensures that anyone with whom Hyposwiss shares this information will treat it with the confidentiality and security it deserves.; and
• Hyposwiss has implemented physical, technical and administrative procedures to protect the information collected.

10. Communication and Remarks
If you have any questions about Hyposwiss’ data protection, a detailed message can be sent to:
or via post-mail to:
Hyposwiss Private Bank Genève SA
Rue du Général-Dufour 3
1204 Geneva, Switzerland

and Hyposwiss will address them as soon as possible.
You may exercise any of your rights related to Personal Data (paragraph 9) by sending your request to the aforementioned address.
Hyposwiss’ business is constantly evolving and this Notice and the Terms of Service may change. Unless otherwise stated, our Notice applies to the use of all information collected about any Subject.