Social Media Terms and Conditions of use of Swisscard AECS GmbH

Last updated: 18 March 2019

The usage of the Social Media Presences of Swisscard AECS GmbH (hereinafter "Swisscard" or "we") is governed by these Social Media Terms of Use of Swisscard AECS GmbH (hereinafter "Terms of Use"):

1. General Provisions

These Terms of Use are applicable to persons (hereinafter "User(s)" or "you") who visit Swisscard's Social Media Presences on Facebook, Instagram or LinkedIn (hereinafter "Swisscard Social Media Presences" or "our Social Media Presences").

By accessing Swisscard Social Media Presences and the products, services, information and documents described therein (hereinafter "Content(s)"), you confirm that you have read, understood and accepted these Terms of Use in their current version.

SUnless expressly provided otherwise hereunder, these Terms of Use shall take precedence over any general terms and conditions of the social media platform operator (Facebook, Instagram or LinkedIn, hereinafter "Platform Operators") with respect to the relationship between you and Swisscard.

For holders of a means of cashless payment issued by Swisscard, merchants of Swisscard or other recipients of goods and services (hereinafter "Customers"), these Terms of Use shall supplement any other General Terms and Conditions (hereinafter "GTCs") applicable to the relevant customer relationship. In the event of conflicting provisions, these Terms of Use shall take precedence over the GTCs.

2. Purpose of Swisscard Social Media Presences and Addressees

Swisscard uses Swisscard Social Media Presences for the purpose of supplying interested persons with information about Swisscard and its products/services (hereinafter "Posts"). We are pleased when you contribute to our activities and exchange your opinions with other Users or with us on our Social Media Presences (hereinafter "Comments"). Depending on the social media platform, you may also be able to send messages to Swisscard that are not visible to other Users (hereinafter "Direct Message") or ask questions about the topics discussed on the Swisscard Social Media Presences via Direct Message/Comment. The Direct Messages and questions will be answered by authorised persons (Swisscard employees or third parties engaged by Swisscard), to the extent permitted by our privacy policy. Moreover, Users have the option of sharing Swisscard Posts with any desired persons (hereinafter "Sharing") or to “like” them. Depending on the social media platform, Users may subscribe to the Swisscard Social Media Presence or follow Swisscard.

We try to respond promptly to Comments, questions and Direct Messages but we cannot guarantee that all Comments, questions and Direct Messages will be answered.

Please note that we cannot accept any orders or instructions via Comments and Direct Messages; particularly in reference to credit card blocking, complaints about transactions, changes of address or revocation of powers of attorney. Please contact our customer service directly for such matters and other concerns.

The information provided by Swisscard on the Swisscard Social Media Presences is intended for information purposes only. The Social Media Presences and the Content published therein do not constitute any offer or invitation to acquire any means of cashless payment (e.g. charge card and/or credit card), to take out a loan or to acquire any other financial services product, or to enter into any merchant contract or other legal act and/or transaction.

Swisscard Social Media Presences and the Content presented therein are addressed exclusively to legal entities having their registered office in Switzerland or to individuals with their place of residence or habitual abode in Switzerland.

3. Rules of Conduct

Your participation in the social media dialogue is desirable but please respect other Users and Swisscard on our Social Media Presences. You are also required to comply with the rules of conduct set out below when you publish Comments about a Post on our Social Media Presences or contact us via Direct Message. With these rules, we wish to ensure that visiting our Social Media Presences is and will remain a positive and pleasant experience.

Show respect

Please deal respectfully with others and their opinions. We do not tolerate any Comments, Direct Messages, photos or other Contents that slander, threaten or discriminate against us or others, that are malicious, racist, sexist, obscene or otherwise offensive, that are injurious to specific named or identifiable persons or organisations, or are contrary to decency and good ethics in any other way. Please watch your tone because all Users are supposed to feel welcome.

Observe the law and follow the rules of the Platform Operators

Do not publish any Content for which you lack authorisation or that may infringe the intellectual property rights or privacy of others or promote illegal activities. Illegal conduct may be subject to prosecution and result in your liability. Do not use Swisscard Social Media Presences whenever prohibited by the applicable national laws (e.g., in the country in which you are vacationing). Please always follow the Platform Operator's rules.

Keep security in mind

Please be careful not to place links to inappropriate websites on our Social Media Presences. Links to websites with viruses, malware, spyware and other malicious software are prohibited.

Handling of confidential and sensitive information

Please do not publish any sensitive or confidential information. Bear in mind that the information may be freely viewable by anyone for a long time. The information should not be harmful to Swisscard or to other Users. In case of doubt, refrain from publishing.

Stay on topic

Discussions sometimes drift from the actual subject matter of our activities. To ensure maximal benefits for all, we recommend limiting yourself to relevant and interesting Comments.

Do not send any spam or advertising

Spam and advertising are prohibited. Do not send any repetitive, irrelevant or undesired information to Users and do not cite any false sources.

4. Security tips

We may sometimes ask you to send us further non-confidential details by Direct Message so that we can respond directly to certain questions but we will never ask you to disclose via social media any of your personal information, such as credit card information or bank account details, PIN or other personal identification data. Please do not publish any such personal details or sensitive information on our Social Media Presences.

5. Deleting of spam and advertising as well as Comments, questions and Direct Messages

We reserve the right to delete without prior notice any spam and advertising or Comments, questions and Direct Messages that violate these Terms of Use. In addition, we may delete repetitive Comments or questions, whether made by the same person or different persons.

Comments or questions containing personal data such as credit card information, account details, PIN or other identification data will be deleted by Swisscard immediately upon detection.

Please bear in mind that data, even after being deleted by Swisscard, may still be retrievable on the social media platform and remain available to the Platform Operator. For that reason, please address any requests for deletion of data to the relevant Platform Operator.

6. Warranty and liability

Social media platforms are made available by Platform Operators that are not affiliated with Swisscard. Swisscard is not responsible for the social media platform or for the actions or omissions of the Platform Operator or network operator (e.g. internet provider or mobile service provider). Swisscard does not guarantee undisturbed and uninterrupted access to Swisscard Social Media Presences. By accessing the social media platforms, you accept the respective terms of use, which we expressly advise you to read.

To the extent permitted by law, Swisscard hereby excludes any and all liability (regardless of the legal grounds) for damage and loss of all kind whatsoever arising out of the usage of Swisscard Social Media Presences and the Contents thereof (e.g., Swisscard Posts) or of links to third-party websites. Since activities on social media are public and open to participation by anyone, Swisscard assumes no responsibility for Comments disseminated by other persons or for the Sharing of Swisscard Posts by you as a User. Swisscard does not verify whether the Sharing of Swisscard Posts is lawful and declines all liability in that respect.

Nor is Swisscard responsible for privacy or security policies or practices of third-party websites to which the social media platforms or the social media posts place links. Swisscard may provide links to third-party websites for information purposes but does not inspect such websites and is not responsible for their contents.

7. Intellectual property rights

The trademarks, product names and logos used by Swisscard in its Posts on the Swisscard Social Media Presences are the intellectual property of Swisscard or its partners (e.g., Credit Suisse, American Express, MasterCard and Visa). All such intellectual property rights shall remain the property of Swisscard or its partners. Unless specified otherwise, all Contents on the Swisscard Social Media Presences are protected by copyright. If necessary, we will use all legal means to enforce all intellectual property rights. By using Swisscard Social Media Presences, you receive no rights whatsoever to use images or other Content or rights to brands or logos. Sharing, downloading, saving, copying, and printing of individual Posts and Content is permitted for personal use only and you receive no rights thereby. You are required to name us expressly as the source when Posts or Contents are reproduced in electronic or written form in their entirety or in the form of excerpts. Beyond that, our express written consent must be obtained for any reproduction, further publication, or distribution of Posts and Content.

If your Comments are protected by intellectual property rights or related rights, you grant Swisscard the right, free of charge, to use and exploit the protected content without limitation as to space and time by publishing your Comment. Moreover, you warrant that you are entitled to grant us said right.

8. Data Protection and Confidentiality

Please note that your activities on our Social Media Presences may enable conclusions about existing or future customer or other business relationships.

By taking part in our activities on the social media, you acknowledge that all the information contained in your Comments, questions and Direct Messages may be used by Swisscard and/or market agencies engaged by Swisscard in our legitimate interests, for the following processing purposes of Swisscard:

  • to communicate with you via our Social Media Presence, and
  • to analyse and improve our products, our services and our marketing activities (including our Social Media Presence).

In connection with the social media platform Facebook, Swisscard uses the statistics provided by Facebook concerning the Users of Swisscard Social Media Presences. Those statistics may provide information about the number of persons or accounts that have viewed, responded to or commented on Posts, as well as summarised demographic and other information about the interactions on Swisscard Social Media Presence. All other data processing related to the Swisscard Social Media Presence on Facebook is performed by Facebook.

We advise you to read the privacy policies of the relevant social media platform and address any related queries and requests directly to the Platform Operators. Regarding the data processing by Swisscard, were also refer to you our Privacy Policy.

Please note that our Posts in the social media are public. This means that your Comments and activities on our Social Media Presences are likewise viewable by all and can be displayed in search engine hits or else viewed, disseminated, exploited or otherwise processed by third parties. Swisscard has no control over such processing by third parties and declines all liability in that respect.

9. Changes in these Terms of Use / Restriction on Use

Swisscard reserves the right to change the Terms of Use at any time without prior announcement and to put such changes into effect through publication. By accessing the Swisscard Social Media Presences, you accept the version of the Terms of Use applicable at the time. You can find the date of the latest update at the beginning of the Terms of Use. Swisscard is further entitled to limit or terminate access to the usage of Swisscard Social Media Presences.

10. Governing Law and Jurisdiction

The usage of Swisscard Social Media Presences and the Contents and Terms of Use thereof is governed by Swiss substantive law to the exclusion of conflict of law rules and international treaties. The courts of Horgen (Switzerland) shall have exclusive jurisdiction unless provided otherwise by mandatory provisions.