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Please read the terms of use and the additional legal notices that apply to the (www.finpension.ch) website before proceeding.

Last updated: March 2024

2. Scope of application

The information on the website and fp app is intended for natural persons and legal entities residing or domiciled in Switzerland. Based solely on your access rights to this website or the fp app, you are generally not yet authorized to use the various services offered by finpension. As a rule, a valid contract with finpension is only concluded once the identification process has been successfully completed and finpension has confirmed the opening of the customer relationship. In addition to these terms of use and legal information, the contractual relationship with a customer also includes the product-specific provisions to be agreed separately online (pension agreement, wealth management agreement, etc.).

Persons who are subject to a legal system that prohibits access to the website and fp app due to their nationality, place of residence or domicile or for other reasons are prohibited from accessing the website or fp app. In addition, certain services and products described on the website or in the fp app are subject to restrictions based in particular, on place of residence, nationality or customer segmentation. It can therefore not be ruled out that certain services and products described on the website are not permitted or are unsuitable for you.

3. No advice and no offer

The information published via the website and fp app is for information and advertising purposes only. It does not constitute advice - whether legal, tax, economic or regulatory - or a recommendation or offer to buy or sell products or to engage in any other transactions or to conclude any legal transaction.

4. Electronic data transmission

When the customer uses a finpension service or sends e-mails, text messages or other messages to finpension from the customer’s computer or mobile device, the customer is communicating with finpension electronically. finpension will communicate with the customer electronically in various legally binding ways, e.g. via email, text messages or other communication on finpension’s website or via the fp app. The customer agrees to receive electronic communications from finpension and that all consents, notifications, publications and other communications that finpension communicates to the customer electronically does not require written form unless mandatory legal provisions require a different form of communication.

When data is transmitted via an open network that is accessible to everyone (e.g. Internet, SMS), the data may be transmitted across borders, even if the sender and recipient are located in Switzerland. Information via e-mail, SMS etc. is usually transmitted unencrypted. Therefore, such information is not protected by Swiss law. Even with encrypted transmission, the sender and recipient remain unencrypted. It may therefore be possible for third parties (e.g. the internet provider) to infer a customer relationship. There is also a risk of manipulation and misuse with electronic data transmission.

5. Third-party services and disclosure of customer data

finpension may use service providers to fulfil its tasks and to carry out the entire opening process or parts thereof. Regarding security and confidentiality, the same requirements apply to all service providers as if finpension were to carry out the data processing itself. The legal requirements for data protection and Swiss banking secrecy are observed at all times.

As part of the opening process, the customer will be asked to provide the customer’s personal details, in particular the customer surname and first name(s) as shown on the identification document, date of birth, nationality(ies), address(es) and telephone number(s), or to enter them in the appropriate fields in order to ensure proper identification. The information the customer provides must be correct and complete at all times.

Online identification is carried out by Intrum/IDnow ("IDnow"); IDnow acts as a service provider on behalf of finpension in Switzerland. Each service provider is obliged to process data exclusively for the purpose and within the scope of the opening process described here and is subject to the same obligations regarding data protection, data security and confidentiality as finpension itself.

finpension is subject to the statutory or regulatory obligations to provide information or report data. Third parties may obtain knowledge of customer data to the extent necessary to perform their tasks. finpension is authorized in particular to block access to the fp app for an indefinite period of time at its own discretion (e.g. to investigate suspicious circumstances) or to terminate ongoing identification processes if, in its opinion, proper implementation or compliance with these terms of use is no longer guaranteed. The customer can also acknowledge that finpension may be required by law to provide information to authorized third parties or authorities, even if no customer relationship is established.

6. Profiling and marketing

finpension may store, process, combine and profile customer data along with data from third party sources. These are used by finpension in particular to provide the customer with individual advice, customized calculations and services as well as for market research, marketing and risk management purposes. This applies in particular to master data and financial data (e.g. asset and product data, account and custody account movements as well as transaction and payment data including their components).

7. Disclaimer of warranty and liability regarding website and fp app content

finpension exercises the customary care in the business when compiling the information on the website or in the fp app. The information provided via the website or fp app is regularly updated and checked for accuracy. However, finpension does not guarantee that all information on the website and in the fp app is up-to-date, correct, accurate or complete. finpension reserves the right to update, change or delete information at any time without prior notice. The opinions and assessments expressed on the website and in the fp app reflect the view of finpension at the time of publication and do not constitute legal, tax or other advice of a general or specific nature.

The information on the website or in the fp app is provided "as is" and "as available". finpension disclaims any warranty that access to the website or individual functions on the website or fp app will be uninterrupted or error-free at all times, that defects will be corrected or that no viruses or other harmful components will be transmitted when using the website or fp app.

finpension is not liable for the topicality, correctness, accuracy or completeness of the information on the website or in the fp app. To the extent permitted by law, finpension excludes all liability for direct and/or indirect damage and loss of profit resulting from the use of or access to the information on the website and fp app, or from links to third-party websites, or from the impossibility of use or access. This exclusion of liability also applies to all damage caused by third parties manipulating the website or the fp app. In addition, finpension accepts no liability for any manipulation of your IT by third parties or for any communication errors.

8. Reservation of all intellectual property rights

All information on the website and in the fp app is protected by intellectual property rights and belongs to finpension or third parties. The information is freely available for private use only. No part or information of the website or the fp app is designed in such a way as to grant a license or right to use a registered trademark, a logo, an image or other content protected by intellectual property rights. Without the written consent of finpension, it is prohibited to systematically retrieve content from the website or the fp app in order to directly or indirectly compile a collection, database or directory.

finpension reserves all intellectual property rights with regard to all information on the website and the fp app and will fully exercise all possibilities to enforce its rights.

10. finpension fees

Opening accounts in the fp app is free of charge. finpension reserves the right, however, to introduce fees for opening accounts in the fp app at any time or, if such fees already exist, to change existing fees. Details of any applicable fees will be made available in the fp app or on a website.

11. Risk disclosure

finpension is under no obligation to examine and consider your legal or tax situation or to advise you in this regard. An investment involves risks, including the possibility of losing the capital invested. The price, value and return of investments can fall as well as rise. Investments in foreign currencies are also subject to exchange rate fluctuations.

The customer confirms that the customer has read and understood Swiss Banking's brochure Risks Involved in Trading Financial Instruments before using the website or the fp app.

Past performance is not an indicator of future performance and is no guarantee of future success. The performance data is calculated on the basis of the reinvestment of distributions and, where applicable, without taking into account commissions and costs incurred on the issue and redemption of units, which may have a negative impact on performance. The calculation is made in the product currency and may rise or fall due to exchange rate fluctuations.

12. Applicable law and jurisdiction

The use of the website, the fp app (including the opening process) and these terms of use are subject to Swiss substantive law, excluding the conflict of laws provisions.

The place of performance, place of debt collection for customers domiciled abroad and - subject to mandatory statutory jurisdiction - the exclusive place of jurisdiction is Lucerne (Switzerland). finpension shall, however, also have the right to sue the customer at the competent court at the customer's domicile or at any other competent court. Mandatory places of jurisdiction remain reserved.