Terms and Conditions for use of Third Party Messaging
Agreement
The Client agrees that any message that appears to have been sent from Client's Registered Account is deemed to have been written by the Client or her/his authorized representative. Within its duty of care and diligence customary in the business, UBS reserves the right to verify whether an instruction originates from the Client (e.g., by phone call). Messages are processed in the ordinary course of business. If the transmitted message is time-critical, the Client must choose an alternative means of communication that ensures timely processing. UBS reserves the right to not accept certain types of instructions received via Third-Party Messaging.
The Client authorizes UBS to send messages such as security recommendations, event notifications, tips, confirmation of appointment requests, and publications, as well as general and personalized product and service information and other marketing material to the Registered Account, if and to the extent permitted under applicable regulations. These messages may contain information, including confidential information and records, relating to the relationship with the Client ("Client Data"). Client acknowledges that she/he may exit a conversation and revoke authorization by using the appropriate command provided in the application. Client may opt-in again by choosing to start another conversation.
The Client acknowledges that the use of Third-Party Messaging involves certain inherent risks including, in particular (1) a lack of confidentiality and, depending on the jurisdictions involved in the transmission, an inadequate data protection level; (2) manipulation or falsification of the sender's address or content; (3) misuse resulting in damages caused by third parties intercepting messages; (4) system outages and other transmission errors, which can cause messages and their attachments to be delayed, altered, misrouted or deleted; and (5) malwares that may be spread unnoticed by third parties and may cause considerable damage. It is within the Client's own responsibility to be aware of and implement the security precautions customary for public electronic networks (e.g., by installing a firewall and using an anti-virus program that must be updated regularly) and to use Third-Party Messaging only on devices which are protected against electronic attacks and unauthorized use. In case of any doubt as to the origin of a message, the Client must contact UBS by phone call. The Client accepts that Client Data transmitted via Third-Party Messaging may be processed globally (e.g., collected, used, and stored) by third parties such as Third- Party Messaging providers as well as network and service providers. The Client agrees thatthird parties may not be bound by the same banking secrecy or data protection laws that apply to the Client, and the Third Parties’ use of Client Data is not controlled by UBS. If Client Data is processed abroad, it may fall under foreign regulations that allow Client Data to be passed to local authorities or other third parties. All communications using Third-Party Messaging are subject to the terms of service, privacy policy, and other terms of the Third-Party Messaging provider. The Client accepts these risks and releases UBS to this extent from any applicable duty of confidentiality and waives applicable banking or professional secrecy regulations. As far as permitted by applicable law, UBS shall not be liable for any losses or damages resulting from the use of Third-Party Messaging. Detailed information on how UBS processes personal data may be found in the Privacy Notice for Clients published at www.ubs.com/global/en/legal/privacy.
UBS reserves the right to determine in its sole discretion which Third-Party Messaging functionalities may be used or to discontinue Third-Party Messaging, and to amend these terms at any time. Any amendments will be communicated to the Client and shall be deemed to have been accepted if not rejected in writing within one month after notification. Both parties shall be entitled to revoke this authorization by written notice at any time.
This authorization shall be governed by and construed in accordance with the substantive law that is designated in the Client’s account contract with UBS. Subject to mandatory jurisdictions provided by law, the exclusive place of jurisdiction for all legal proceedings shall be the location of the branch holding the account, unless otherwise provided in the Client’s account contract with UBS. This shall also be the place of performance, and the place of debt collection for clients domiciled abroad.
This authorization replaces any previous instructions regarding the use of Third-Party Messaging. This authorization does not replace the Client’s existing correspondence instructions, nor amend any power(s) of attorneys potentially granted by the Client.