Digital identification – terms of use

Digital identification – terms of use

Purpose and scope
Prior to the opening of a new business relationship, Maerki Baumann & Co. AG (hereinafter “MBC”) is subject to the regulatory requirement to review the identity of the future client(s). In order to make this process as uncomplicated as possible, it has teamed up with Swisscom (Switzerland) Ltd. (hereinafter “Swisscom”) to offer prospective clients the option of carrying out this procedure by means of digital identification. This form of identification can be used by any natural person (hereinafter “user”) who needs to be identified by MBC for regulatory reasons in the context of the opening of an account/custody account with MBC, either as account holder, account opener, or person functioning in some other relevant role. 

Prerequisites and functioning of digital identification
In order to be able to take advantage of the digital identification option, the following requirements must be met:

  • Valid passport or valid identity card (identification document); for certain countries, special requirements apply in respect of the validity of the identification document.
  • The user must have a smartphone respectively a computer equipped with an integrated camera and microphone, or a tablet with an Android or iOS operating system. The integrated camera of the terminal device must be capable of capturing the identification document and the user himself in a video discussion and by photo.
  • The image and/or sound quality of the end device as well as the data connection must be conducive to flawless identification.

When using digital identification, a secure connection is created between the terminal device (typically computer, smartphone or tablet) of the user and Swisscom. Once the user has entered his required personal data into the Swisscom website truthfully and correctly, the video discussion will then commence with a specially trained Swisscom employee. During this process, pictures will be taken of both the user and his identification document. The user will then be asked to hold this identification document in front of the camera in a number of different positions. The Swisscom employee then undertakes a comparison of the information contained in the identification document with the data previously entered into the system by the user. Once this process is complete, the user receives an approval code (“TAN”), which he then has to enter into his computer. Once the identification procedure is complete, the data is transferred by Swisscom to MBC. The entered data, including the images captured by Swisscom, are only saved until the transfer from Swisscom to MBC is complete; they are then deleted. 

Operating hours
As a rule, the digital identification service can be used from Monday to Friday, 08.00 to 22.00 (Swiss time). The service is not available on Swiss national holidays.

Data protection and security aspects
Both MBC and Swisscom set great store by confidentiality, and adhere strictly to the prevailing provisions of Swiss and European data protection legislation. 

The transfer of the data entered by the user on the Swisscom website is effected via a secure internet connection. The user acknowledges that the data will be forwarded to MBC by Swisscom in unencrypted form. The saving of the data by Swisscom on a secure server (“Docsafe”) for retrieval by MBC is guaranteed. 
    
Communication between Swisscom and the user, as well as between MBC and the user, may take the form of either email or SMS (standard electronic means of communication). The transfer of data in this way involves certain risks. In particular, data transmitted via an open network may be saved abroad, even if both the sender and the recipient are located in Switzerland. Furthermore, the user is aware that third parties may gain access to data transferred via standard electronic means of communication, and that even if data is transmitted in encrypted form the sender and the recipient may nonetheless be identifiable, in which case a third party may be able to draw conclusions about a banking relationship between the user and MBC. 

MBC has taken all the necessary steps to mitigate the risks that arise in its own IT environment through appropriate technical measures. The degree to which steps are appropriate shall be assessed against the level of protection typically offered by comparable banks. Any liability on the part of MBC for any losses or damage that may arise from these data transfers shall only be countenanced if MBC has seriously violated its duty to protect (more than just slight negligence) and has thereby significantly contributed to the losses/damage in question. MBC shall not be liable for any losses/damage that the user could have avoided through the use of appropriate protective measures (use of anti-viral and firewall programmes, including any necessary updates, in his own IT environment).

Consent to data processing, release of MBC from banking secrecy
By using the digital identification service, the user declares that he has read these terms of use for digital identification and has understood the corresponding content. In particular, he is aware that the digital identification service is offered by Swisscom and that he must enter his data directly on the Swisscom website. All data compiled by Swisscom (particularly the following user data: first and last name, address, date of birth, place of birth, nationality, home and mobile telephone numbers, email address) are used solely for the purposes of verifying identification documents and/or identifying the user.

The user expressly gives his consent for the entire discussion with the employee of Swisscom to be recorded, for pictures to be taken of him and his identification document, and for this data to be transferred to MBC for processing along with the data entered by the user on the Swisscom website.

Moreover, the user releases MBC in this context from the obligation to preserve bank client confidentiality (banking secrecy), as well as from any other statutory or contractual confidentiality requirements that may exist. 

The user acknowledges that any revocation of this releasing of MBC from confidentiality obligations will result in the digital identification process no longer being available. Any revocation shall not apply to the process already carried out or for any data already entered by the user. In the event of the user not consenting to the processing (capture, saving, forwarding) of his data and images, he may not take advantage of the digital identification option, and should instead make use of the options described below for identifying himself at the bank or at a post office counter (see Section 6).

If the user has any questions on data protection law issues in connection with these terms of use, he may contact MBC by email at datenschutz@maerki-baumann.ch. 

Unsuccessful digital identification, exclusion of liability
If the digital identification process cannot be carried out, e.g. because the technical requirements for flawless identification have not been met, or because the user does not consent to the processing of his data or to the release of MBC from bank client confidentiality, the user may have a certified copy of his identification document produced directly at MBC’s premises. Moreover, the user also has the option of procuring a copy of his identification document that has been certified as genuine by a notary or at a post office counter in Switzerland. 

To the extent that is legally permissible, MBC rejects any liability for direct and indirect losses/damage arising as a result of the non-functioning of digital identification.

Applicable law and place of jurisdiction
All legal relations between the user and MBC are subject to Swiss law, to the exclusion of the conflict of laws provisions of Swiss private international law. The place of performance, exclusive place of jurisdiction for all types of proceedings, and the place of enforcement (only if the user is resident abroad) is Zurich. However, MBC is also authorized, at its own discretion, to institute proceedings against the user at a competent court at the user's place of domicile or at any other ordinary or extraordinary legal venue. Swiss law shall also apply in this case.
 

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