Legal notes and privacy

www.intesasanpaolopbmorval.ch
TERMS OF USE AND POLICY ON PERSONAL DATA

A. Introduction

This document describes the terms of use and the policy on personal data for the website www.intesasanpaolopbmorval.ch (henceforth, the “Website”), as well as providing information relevant to the activities of Intesa Sanpaolo Private Bank (Suisse) Morval SA (henceforth, “ISPBM”). Paragraphs B and C specify the ownership of the Website and the contact details and describe the process of acceptance and review of this document. Paragraph D describes the conditions under which it is possible to access and use the Website, and the functions of this. Paragraphs E and F describe the policy of the Website on the processing of the personal data of the users of the Website and on Cookies. Lastly, paragraph G specifies the substantive law applying to the legal and contractual relation between the parties in regard to the use of the Website and identifies the competent jurisdiction for any related dispute.

The contractual relation between ISPBM and its Clients (including those that have entered into E-Banking services) is regulated by ISPBM terms and conditions and account opening documents underwritten by both ISPBM and its Clients (hereinafter the “Parties”). In the case of dispute, these have priority on the provisions of this document.

We advise users to read the contents of this document carefully. The use of this Website implies the explicit consent and approval of the its provisions without reservation or conditions.

B. Ownership of Website and communications

The Website is owned by Intesa Sanpaolo Private Bank (Suisse) Morval SA (ISPBM). Any communication relating to this Website and/or relating to the protection of personal data can be sent by email to the following address: info@intesasanpaolopbmorval.ch or by fax to the number +41 (0)22 347 42 31 The registered office of ISPBM is Rue Charles-Galland, 18, 1206 Genève, CH ISPBM has also made available the following phone number if you have any question or other needs: +41 (0)22 839 92 00 All communications concerning the relation between the Parties should be made in writing and shall be deemed to be validly and effectively made on its reception if sent by regular mail, or on reception of the read receipt if made by email.

C. Acceptance and change to these disclosures and contractual terms

By accessing and/or using the Website, users accept to operate under the terms and conditions specified by this document in the version in force at the time of the access and/or use of the Website. The current version may be displayed clicking on the link at the bottom of the page. Users are responsible for verifying the current version of this document with the utmost care before accessing and/or using the Website. ISPBM retains the right to amend this document at any time and at its own discretion.

D. Terms that may apply to the use of the Website

Territorial restrictions on website access
Access to this website is addressed exclusively to current and future clients with residence/offices in Switzerland By accessing the Website, users confirm that they meet this requirement. The use of the Italian language in this Website should in no way be construed as a factor indicating a connection to the Italian State or evidence that ISPBM’s activity is addressed to Italian clients. The use of English should be understood simply as an aid to current and future foreign clients (who do not speak Italian) domiciled or with offices in Switzerland.

No offer of products and services.
This Website is not intended or designed for the distribution or use by persons or entities with citizenship or residence or location in a jurisdiction where such distribution, publication, availability or use are contrary to applicable legislative and regulatory provisions or such to require compliance of ISPBM with registration and licensing in said jurisdiction. No information on the Website represents in any way an invitation, offer, solicitation or recommendation to buy or sell investment products, including, but not limited to, securities, financial instruments or other investments or financial advice. ISPBM does not consider users of the Website as its clients. ISPBM strongly advises users of this Website to obtain individual financial and legal advice in their jurisdiction before making any decisions about investments, based on any information provided on this Website.

Restrictions on the use of email
This Website provides an email address which may be used to ask ISPBM questions of a general nature. As the authorisation to receive email messages from abroad may be subject to legal restrictions, the electronic message must specify the nationality and the residence or location of the offices of the sender; missing this, the message is immediately deleted. The message is also deleted if there is a restriction as specified above. The user states, under his own responsibility, that the information provided is true, accurate, up-to-date and complete. Unless otherwise expressly agreed, ISPBM does not accept orders or instructions sent by email or through any other electronic messaging system. As the Internet is accessible and open to anybody, standard email messages sent through the Internet are neither confidential, nor protected, as they may be read by third parties, lost, intercepted or altered. In this context, ISPBM may not guarantee banking secrecy. In addition, the email may transit outside national borders, even if sender and recipient are in the same country. ISPBM reminds users that the use of email messaging is not suitable for sending confidential information. We recommend using a secure channel to communicate with ISPBM. Standard email should not be used for sending personal or confidential information, such as information on bank accounts.

Contents and services of third parties, external links
This Website may contain links to websites, online resources and services outside the www.intesasanpaolopbmorval.ch domain. ISPBM has no control on these websites and resources, especially with regard to the security and protection of the data, therefore we accept no responsibility for malfunctioning, unavailability, damage or loss deriving from the use of/reliance on any content, good and/or service made available on these external websites and resources. These external websites are not subject to these “TERMS OF USE AND POLICY ON PERSONAL DATA” and, for this reason, ISPBM accepts no liability concerning their content nor their data protection and processing policies.

Intellectual property rights and policy on links
ISPBM holds full and exclusive intellectual property rights on the Website and all related resources, graphics, databases and contents, as well as on any brand, logo and designation protected by law, and on trademarks, registered and non-registered. Any use by third parties not supported by a legal or contractual licence (obtained in writing, in the latter case) is illegal and liable under civil and criminal law. The activation of hypertext links to the Website (homepage and/or internal pages) is strictly forbidden, unless prior consent in writing has been given by ISPBM.

Conduct of the user
The user shall use the Website legally, respecting the rights of ISPBM and third parties and in compliance with this document. Specifically, the user shall:
a) not use the Website illegally, immorally or to the detriment of the rights of third parties;
b) ensure that the data and information provided are up-to-date and true;
c) not use the Website to send material that may be considered illegal, bothersome, defamatory, abusive, threatening, damaging, vulgar, obscene, pornographic, or otherwise inappropriate;
d) verify carefully the security of his own devices, ensuring that they are not affected by malware, such as viruses and Trojan horses;
e) not send material to support acts that may represent a criminal offence, result in liability for damages, or break Swiss and foreign laws;
f) not use the Website for illegal or fraudulent activities, or to the detriment of the rights of third parties, including privacy rights and other rights of the individual;
g) not use media of any kind, software included, to interfere or attempt to interfere with the activities of the Website or to prevent users from using its services.

Ban from Website
ISPBM reserves the right, at its sole discretion, to ban, fully or in part, a user from accessing and/or using the Website, especially when there are indications of potential activities or conducts not in compliance with this document.

Exclusion of guarantee
Users expressly acknowledge that they use the Internet and this Website at their own risk. This Website does not provide any guarantee on the completeness and/or accuracy of the information and/or communications published on /channelled by the Website, and/or provided by linked resources. ISPBM reserves the right to delete or change information on the website without prior notice.

Indemnification
The user shall indemnify/hold harmless ISPBM and its affiliated companies, partners, executives, contractors, representatives, agents, employees, transferees and assignees, from any damage/harm incurred, from any claim and/or request of third parties, including legal expenses, deriving from illegal use of the Website, failure to comply with these provisions, or violation of legal provisions by the user.


Refraining from enforcing a right is not equivalent to waiving it or to agreeing to a change in the contract

The fact that ISPBM does not exercise its rights and/or prerogatives, and refrains from asking others to comply with some provisions of this document should not be interpreted as waiving these rights and/or prerogatives in the future, or as consenting to change these provisions.

Severability
If any provision of this document is found to be invalid or not in force, the remaining provisions shall continue to be in force at all effects.

E. Personal data protection

Introduction
This section describes the policy of the Website on the processing of the personal data of its users. ISPBM processes the personal data of the users pursuant to legislation on banking and protection of personal data, specifically the Personal Data Protection Act of the Swiss Federation (LPD, RS 235.1) and the related Ordinance (OLPD, RS 235.11), as well as the EU General Data Protection Regulation, GDPR. Even if the GDPR is an EU Regulation, for several reasons, it is relevant to ISPBM. The GDPR imposes high data protection standards with effects outside the EU and this means that companies with offices outside the EU, under certain conditions, are subject to its provisions. By accessing and/or using the Website, users give their consent to the processing of personal data as provided for or implied by this document.

Personal data
Personal data are defined as the data and information that concern an identified or identifiable individual, unless the user has made these data publicly available by other means and without reserve (henceforth, “Personal Data”).

Collection, processing, transmission and storage of personal information
This Website collects and processes, as part of the visit to the Website or if there is a legal obligation, any Personal Data provided by the user (for example, the email address if the user sends an electronic communication). Other personal information, such as, for example, information on the use of the Website (IP address of the user’s device, length of time spent on the website, services used, links and messages activated etc.), are analysed, automatically and anonymously, to assess the introduction of new functions, improve the quality of the Website and optimise its use.

This Website does not prepare, nor send, newsletters or advertising created on the basis of the online activity of its users. It does not track the online activities of users, nor support the use of third-party instruments aimed at the targeted monitoring of the use of web resources or email by users. This Website does not sell, rent, lend, trade or transfer Personal Data (including email addresses) to third parties. ISPBM shall consider all personal information to be strictly confidential.

This Website shares the Personal Data of its users with third parties only if allowed or required by law, or with the explicit consent of the individual involved. If allowed or required by law, or in the case of an order from the Swiss judicial or administrative authorities, the Website is allowed to share the personal information of the users of the Website without informing them.
This Website stores Personal Data only to the extent needed for the purpose for which the data have been collected, or to the extent that there is a legal obligation to store them. This Website is managed and can be accessed by persons adequately trained and directly employed by ISPBM, as required to ensure the proper operation of the Website.

Email communications
The user specifically authorises ISPBM to reply using the email address provided by the user himself. In this respect, we remind users that (i) the use of email does not ensure the confidentiality and integrity of the Personal Data in transit, (ii) many email service providers are located or store their data in countries that do not guarantee an adequate protection of personal data (for example, the U.S., see up-to-date official list that can be downloaded here), (iii) the use of this email service involves the transfer and storage of Personal Data in a country that does not guarantee the adequate protection of these data.

Links to third party resources
This website may contain links to websites, services and other online resources attributable to third parties. ISPBM is in no way responsible for the contents, security and availability of these websites and resources. In particular, ISPBM does not verify the policies of third parties, nor guarantee that these will protect the users’ privacy and personal data.

User consent
By providing their Personal Data and using the Website, users agree to the processing of Personal Data in compliance with the law and according to the objectives and the procedures described or implied by this document.

Security
This Website implements security measures, reasonably required by circumstances and proportionate, against the unauthorised access, use, transmission, alteration, loss or destruction of Personal Data. These measures include precautions of a technical (especially: encrypting), physical and organisational nature. As the Internet is an “open network”, however, ISPBM cannot guarantee, and does not guarantee, an absolute level of security.

User rights
Users have the right to verify that their Personal Data are correct, and to obtain their modification, correction and/or update. By making a request in writing, users have the right to be informed if, and how, personal information concerning them is processed. In some special cases, if required by law, access to the data may be denied.

F. Cookies

Introduction
Cookies are small text files downloaded by websites or servers in users’ browsers while these browse the web. Cookies enable these websites or servers to recognise the browser during browsing and afterwards. Cookies help improving users’ online experience (user experience), for example by saving the preferences expressed by users, or sparing them from having to log in every time they click on a different page. Cookies may also be used to track users online, which affects the privacy of the users.

There are different categories of cookies. With regard to the party downloading the cookie on the user’s terminal, if this is the owner of the website visited, the cookie said to be a “first party” cookie, while if it is a third-party website/server (hosted by the visited website), the cookie is said to be a “third party” cookie. With regard to the duration of the cookie, “session” cookies are downloaded to record access to the website. They therefore expire when the browser is closed. “Persistent” cookies stay instead in the memory of the device even after the browser is closed (until the expiration date of the cookie). With regard to the purposes of the cookie, we can distinguish “technical” cookies and “profiling” cookies. Technical cookies are used to make web browsing possible, or to provide the service requested by the user. They are not used for other purposes and are usually managed by the owner of the website visited. “Analytic” or “statistical” cookies are assimilated to technical cookies if used directly by the owner of the website to collect information, in aggregate form, on the number of users and on the way in which these interact with the website. Profiling cookies are usually third party cookies used to create a profile of the user based on his online behaviour and habits and propose targeted advertising messages. Website statement on cookies
This Website uses technical and statistical first party cookies, both persistent and session cookies, mainly for the purpose of customising the Website configuration, keeping browsing active, analysing the flow of traffic and the use by users, and for system administration purposes.

This Website does not use, nor does it allow the use of, profiling cookies or third party cookies, with the exception of the Google Analytics cookie.

Google Analytics records the data and browsing trends of the users of the Website, storing and processing information such as IP address, the time of the visit, the pages viewed, the time spent browsing by page, the links activated, whether it is a first visit, etc., as well as information on the origin of the traffic to the Website. The information generated by the cookies is sent to a Google server in the United States and stored there. Google may share this information with third parties. If you want to disable Google Analytics, the corresponding browser “add-on” can be found by clicking on this link. For more information on Google Analytics, please visit the website below (https://marketingplatform.google.com/about/). Option to disable or delete cookies, technical consequences
Users have the option to change the settings of the browser to be notified when a cookie is downloaded or to block cookies (in general, by cookie type, or by originating website). Blocking cookies in general, including technical cookies, may limit the functionality of the Website. Users have the option to delete the cookies from the memory of the browser, as well as to change the settings of the browser so that it automatically deletes the cookies when it is closed (recommended).

By default, browsers automatically accept cookies. Directions to disable or delete cookies can be found on the website of the browser developer. We refer to the following pages for the best-known browsers: Microsoft Internet Explorer (link) e Edge (link); Google Chrome (link); Apple Safari (link); Mozilla Firefox (link) e Opera (link).

There are other ways to reduce the risk of online tracking, such as:
selecting the option DoNotTrack (link) on the browser (if available);
using the “private” or “anonymous” function of the browser (if available), which ensures that cookies are deleted from the device after browsing.

G. Applicable law and jurisdiction

The legal and contractual relation between the user and ISPBM with reference to the access and use of the Website (and the related resources) are regulated by Swiss law, excluding international civil law provisions.

The parties agree that the Court of Geneva shall have exclusive jurisdiction on any dispute arising or simply related to the use of the Website, without prejudice to any mandatory right provision. ISPBM reserves the right of having recourse to the competent Court at the registered office, branch or residence of the user.