Version 01/2021

Declaration of Consent to the Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Google Pay

By selecting the confirmation checkbox, I hereby declare, as the principal or additional cardholder, that I have read, understood, and accepted the following Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Google Pay, particularly sections 2 – 4, 7 – 8 and 10, and that I am the person named on the card being used for storage.

Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Google Pay

 

1. General Provisions

1.1 These “Terms and Conditions for Use of Swisscard AECS GmbH Cards Electronically Stored in Google Pay” (hereinafter “Terms and Conditions”) apply to the electronic storage of a payment card (hereinafter “Card”) of Swisscard AECS GmbH (hereinafter “Issuer”) according to section 1.2 below and its use in Google Pay (hereinafter “Google Pay”).

1.2 Following successful registration of the Card pursuant to section 2 below, a Digital Card Number will be generated (hereinafter “Digital Card Number”) and stored in Google Pay (hereinafter “Electronic Storage”).

1.3 These Terms and Conditions are valid in addition to the other applicable regulations governing the contractual relationship between the Issuer and the principal cardholder or additional cardholder (hereinafter “Client”), including in particular the Issuer's general terms and conditions applicable to the card product in question (hereinafter “GTCs”; available at: www.swisscard.ch). In the event of conflicting provisions, these Terms and Conditions shall take precedence over the GTCs.

1.4 Unless these Terms and Conditions contain an explicit provision to the contrary, they shall take precedence over any general terms and conditions of the eWallet operator (hereinafter “Google”) in the relationship between the Issuer and the Client.

2. Registration

2.1 A Google Pay cannot be used for cashless payment by Card (hereinafter “Google Pay Transaction”) until the Card has been registered in Google Pay.

2.2 For the registration, the Client will be asked to enter the name printed on the Card, the Card number, the expiry date, the card security code, and any other data required by Google (hereinafter “Card Data”). This information must be entered manually, if necessary, by inputting the Card Data via camera or other procedure for automatic input of the Card Data, by selecting a Card already specified previously with Google in another context as a payment means, or in some other manner pursuant to the provisions of Google. Once all the Card Data have been entered completely, various checks will be performed by the worldwide card network (e.g. American Express, Mastercard, or Visa, hereinafter the “Card Network Company”), Google, and the Issuer (cf. section 8.2 of these Terms and Conditions). After these checks are performed, additional steps for Client authentication may be made. The successful completion of registration will be confirmed to the Client by the Issuer either directly in Google Pay, by email, by SMS, or in another manner. The Issuer is entitled to reject the registration of the Card in Google Pay without stating its reasons.

3. Google Pay Transaction and Transaction Approval

3.1 Each Google Pay Transaction shall be considered as a Card transaction approved by the Client in the sense of the GTCs, regardless of whether the transaction was performed by the Client or unlawfully by third parties.

4. Client’s Obligation to Cooperate and Exercise Due Care

4.1 The Client undertakes to protect all devices on which his Digital Card Number is located or by means of which Google Pay will be used (hereinafter “Device”) and Google Pay, if possible, by setting up an unblocking mode using a suitable means of identification (e.g. secure password that is difficult to guess, pattern lock, iris recognition, or fingerprint) as well as other suitable means of protection (e.g. malware protection, firewall).

4.2 The Client must keep his personal means of identification secret. He may not divulge the means of identification to third parties. The Client shall not leave his Device unattended or manipulate the Devices in any way, such as jailbreaking or rooting, and must constantly keep the original operating system and the Google Pay program up to date. No third-party means of identification (e.g. biometric data of a third party, such as a fingerprint) for unlocking may be stored on the respective Device or in Google Pay.

4.3 Before (temporarily or permanently) handing over the Device (e.g. sale, gift, loan, deposit, pawn, repair), the Client must delete all Card and transaction data (cf. section 9 of these Terms and Conditions).

4.4 The Client must immediately inform the Issuer if the Device is lost, and must order the blocking of the Digital Card Number with the Issuer. If the Device is lost, the Client must also immediately block the SIM card (or have it blocked by the network operator) and, if possible, must also have the Device blocked by the Device manufacturer. The obligations of this section shall apply even if the Device is merely presumed lost.

4.5 The obligations to cooperate and exercise due care pursuant to the GTCs and the general terms and conditions of Google shall also apply.

5. Changes to the Card or to Electronic Storage

5.1 Renewal, termination, blocking, or unblocking of the Card shall also apply for its use via Google Pay.

5.2 Electronic Storage can be ended, blocked, or unblocked separately for each Device, independently of the physically issued Card, and does not change the status of the Card, although in contrast to the procedure stipulated for Cards in the GTCs, this must be done separately for each principal and additional Card by its respective holder.

6. Cost

6.1 Electronic Storage or an Google Pay Transaction may be associated with fees. The Client will be informed of the existence, type, and amount of such fees on or in connection with the Card applications and/or in another suitable form.

6.2 The fees communicated to the Client shall apply for Card use and for the contractual relationship between the Client and the Issuer.

6.3 For data transfer by the Client via the Internet (incl. roaming) and other services by the network operator, the fees pursuant to the agreement between the Client and his network operator shall apply.

7. Responsibility and Liability

7.1 Provided that the Client fully complies with these Terms and Conditions and the general terms and conditions of Google (particularly the obligations to cooperate and exercise due care) and provided that the Client is not otherwise at fault, the Issuer shall assume the charges resulting from proven unauthorized use of the Digital Card Number by third parties. In such a case, the Client must assign to the Issuer upon first demand all claims arising as a result of the damage event (including any insurance claims).

7.2 The Issuer is neither responsible for Google Pay itself nor for the services, actions, and omissions of Google or the network operator (e.g. Internet provider or mobile service provider).

7.3 The Issuer does not guarantee that the payment option using Google Pay will always be available and is not liable for any damages resulting from disruptions, interruptions, failures, or overloading of IT systems of the Issuer, third parties commissioned by the Issuer, or the Internet.

7.4 Payment in or from foreign countries via Google Pay may be subject to local legal restrictions or may violate foreign law. The Issuer assumes no liability for such payments in or from other countries.

7.5 In other respects, the provisions concerning the Client’s responsibility and liability pursuant to the GTCs remain in effect without change.

8. Data Protection

8.1  The processing of information relating to the Client, namely Client, Card, and transaction data, as well as the Digital Card Number (hereinafter “Client Data”) shall be governed by the GTCs. Further information about data processing is available in the Privacy Statement, the latest version of which can always be viewed at www.swisscard.ch/dataprotection or requested from the Issuer. During registration and use, Device information data from a SIM card or memory card and geodata (hereinafter jointly “Device Data”), as well as information from the Client’s business relationship with Google (also in its function as the Device manufacturer or operator of an operating system installed on the Device, hereinafter “Data of Google”) may be additionally processed.

8.2  Within the scope of the registration, renewal, termination, blocking, and unblocking of Electronic Storage and/or within the scope of Google Pay Transactions, Client and Device Data as well as Data of Google may be exchanged between the Issuer, Google, and the Card Network Company to the extent necessary for the following purposes:

  • checking to verify that Electronic Storage is permissible,
  • verification and matching of Client identity and identity of the Device owner,
  • prevention of misuse and fraud,
  • compliance with supervisory provisions (e.g. national/international sanctions),
  • creation/update of Digital Card Number and matching of status information (renewal, termination, blocking, unblocking, etc.) between Card and Electronic Storage,
  • creation of a list of past transactions in Google Pay (e.g. information on point of acceptance, including location, transaction amount and transaction date/time, transaction status (e.g. authorised) and any other information, where provided by the point of acceptance).

8.3  The general terms and conditions and privacy notice of Google may stipulate that the Data mentioned in section 8.2 may be procured, processed and transferred for other purposes by Google (including possible third parties), in particular also for marketing purposes. The Issuer does not have any control over the general terms and conditions and privacy notice of Google or over any changes made to them. The Client is aware that the business model of Google is based on the procurement and analysis of data and that Google may analyse information received for the purpose of registering and processing Google Pay transactions in accordance with its own terms and conditions and privacy notice.

8.4  The Issuer is not responsible for the acquisition, processing, and disclosure of Data by Google, the Card Network Company, and any third parties commissioned by them (including section 8.3 of these Terms and Conditions). This is the subject matter of their general terms and conditions, and data protection arrangements are specified in their privacy notices.

8.5  The Client acknowledges that Google, Card Network Companies, points of acceptance, and third persons commissioned by them or by the Issuer may be located in foreign countries and that Data may be processed worldwide, including outside of Europe. Client and Device Data as well as Data of Google are generally encrypted and/or transmitted via a secure channel, and possibly worldwide, during registration, when making changes to the Card or to Electronic Storage, and in the Google Pay Transaction. Notices from the Issuer for the purpose of additional authentication of the Client and for confirmation of the successfully completed registration, however, are transmitted unencrypted over an open network that is publicly accessible (e.g. Internet, text messages). The Client acknowledges that in the case of unencrypted messages sent over an open network, third parties could draw conclusions regarding an existing contractual relationship with the Issuer. Even if the sender and recipient are located in the same country, data transfer across such networks frequently also occurs via third countries, i.e. including countries that do not offer the same level of data protection as that offered by the Client's country of domicile. Data may be lost during transmission or may be intercepted, manipulated, and misused by third parties, or the sender’s identity may be simulated or manipulated.

9. Termination of Electronic Storage

9.1 If stipulated by Google, the Client can terminate Electronic Storage pursuant to the rules and instructions of Google (including removal of Card-related data from Google Pay). If stipulated by the Device manufacturer, the Client can terminate Electronic Storage by deleting Google Pay from the Device or by resetting the Device to its factory settings (deletion of all data entered by the Client).

9.2 The Issuer reserves the right to withdraw support for Google Pay at any time, to terminate electronic storage at any time without any requirement to state reasons or to suspend or restrict usage of Google Pay.

9.3 Google further reserves the right to terminate, suspend or restrict Google Pay either in its entirety or for individual Clients at any time without any requirement to state reasons.

10. Other Provisions

10.1 Amendments to these Terms and Conditions

10.1.1 The Issuer reserves the right to amend these Terms and Conditions at any time. Any changes will be reported to the Client in an appropriate manner (e.g. by SMS, email, ordinary letter or notice in Google Pay) and – unless they have already been accepted directly in Google Pay – shall be deemed to have been approved unless objected to in writing within a reasonable period after notification, and under all circumstances the next time Google Pay is used after they take effect.

10.2 Communication

10.2.1  The Issuer is entitled to inform or contact the Client by SMS, by email, by regular mail, by pop-up in Google Pay, or using additional means of communication during registration or for the purpose of notifying the Client of an amendment to these Terms and Conditions (cf. Section 10.1).

10.2.2  The Client acknowledges that despite appropriate precautions by the Issuer and/or the Client, any and all electronic communication will be sent via channels that are neither secured nor confidential, and may therefore be viewed, intercepted, or changed by third parties, or may be lost.

10.3  Issuer’s Contact Information

Company name and address: Swisscard AECS GmbH, PO Box 227, 8810 Horgen

Website: www.swisscard.ch

10.4  Applicable law and place of jurisdiction

10.4.1 The applicable law and place of jurisdiction shall be determined according to the provisions of the GTCs.