BCV TWINT GENERAL TERMS & CONDITIONS

Updated October 2024 (version 5.10)

GENERAL TERMS & CONDITIONS FOR THE USE OF BCV TWINT

1. General

1.1. Service/Scope

Banque Cantonale Vaudoise (hereinafter referred to as “BCV”) is a Swiss bank headquartered in Lausanne.

BCV offers private customers (hereinafter referred to as “Customers”) a mobile payment application for the iOS and Android operating systems (hereinafter referred to as the “BCV TWINT app”) under the name BCV TWINT.

BCV has a license from TWINT SA to issue the BCV TWINT app. TWINT SA is a Swiss public limited company headquartered in Zurich.

TWINT SA operates the TWINT system and grants licenses to issue TWINT apps and accept TWINT apps as a cashless payment method at retailers and between individuals.

Financial service providers other than BCV are offering their own TWINT apps. They can be distinguished from the BCV TWINT app by their visual appearance and features.

Customers can use the BCV TWINT app for peer-to-peer payments and for making payments at shops, at vending machines, online, in apps, and at other sales outlets that accept BCV TWINT as a means of payment (these outlets are hereinafter referred to collectively as “Retailers”).

BCV offers added-value services through its BCV TWINT app. These include, in particular, the saving and activation of customer loyalty cards and services in the area of mobile marketing. These added-value services allow Customers to receive and manage coupons, stamp cards, and other campaigns and to collect stamps and redeem loyalty rewards, discounts, and credits via the BCV TWINT app. These General Terms and Conditions (hereinafter referred to as the “GTCs”) govern the use of all services offered in the BCV TWINT app. These services include all payment functions and added-value services, which are described on the www.bcv.ch/twint website and in the BCV TWINT app itself (hereinafter referred to as “services”).

These GTCs shall be deemed to have been accepted as soon as Customers register via the BCV TWINT app and confirm that they have read and understood the privacy statement and the GTCs.

1.2. Access to BCV TWINT services

Customers must have a smartphone equipped with a compatible version of the iOS or Android operating system. Compatible versions of the iOS and Android operating systems are listed in the BCV TWINT app in the corresponding app stores. TWINT cannot be used on Android devices without access to Google Play or on devices that do not meet Google’s SafetyNet security standards (such as rooted smartphones, for example).

The BCV TWINT app can only be used by private individuals who are generally domiciled in Switzerland and are at least seven years of age, with a smartphone registered in their name and a mobile number provided by a Swiss telecommunications service, access to BCV Mobile, and an account on which they have individual signing authority.

Technical access to the services is obtained via the Internet connection of Customers’ smartphones and the appropriate infrastructure, which could consist of terminals made available by Retailers, for example. Certain services cannot be used in the absence of an Internet connection.

Some or all of the services offered on BCV TWINT can be restricted by BCV when used outside Switzerland, on the basis of regulatory requirements.

1.3. Installing the BCV TWINT app, registering, and reregistering

To install the BCV TWINT app on their smartphones, Customers must download it from the app store compatible with their phones’ operating system.

Customers may then begin the registration process by following the steps directly in the BCV TWINT app. This includes:

• entering their mobile phone number. This number shall be verified for security reasons, by a suitable system selected by TWINT.
• setting up a PIN specifically for the BCV TWINT app. They must keep the PIN secret and not write it down or record it using any non-secure electronic medium. In addition, Customers must select a PIN that is sufficiently complicated; for example, the PIN must not be a telephone number, date of birth, car registration number, or any predictable combination of digits. If their device has the capability, Customers may use biometric authentication instead of a PIN.
• logging in to BCV Mobile to confirm that they are BCV customers eligible to use BCV TWINT.
• selecting the reference account to debit and credit during TWINT transactions.

Once Customers have registered, a BCV TWINT account linked to their mobile number (“BCV TWINT account”) is created. Customers can use the BCV TWINT account for all services related to the BCV TWINT app. Customers can have only one BCV TWINT account.

Customers can later change the reference account for sending and receiving money and making payments. The reference account can be changed directly in the BCV TWINT app. Customers can use a BCV credit card as the reference account to make payments with BCV TWINT.

If Customers change or reset their smartphone, they must reregister in the BCV TWINT app.

If Customers change their mobile number, they must immediately update their BCV TWINT account with the new number, either directly in the BCV TWINT app or by contacting BCV. Once they have updated their account, they can receive money using the new number.

If Customers cancel their mobile number, they must immediately close their BCV TWINT account, either directly in the BCV TWINT app or by contacting BCV.

1.4. Confidentiality

BCV is bound by statutory confidentiality requirements, in particular related to banking secrecy and data protection. Customers agree that their personal data (e.g., their name when payments are made to other TWINT users) and the existence of the business relationship may, where necessary, be disclosed to the payment recipient and other third parties.

Customers agree that BCV can send to TWINT SA (the operator of the TWINT system), to its other partners, and to any of their duly appointed subcontractors any data required to operate the BCV TWINT app and ensure that it runs properly, to the extent required by added-value services (see the privacy statement and particularly section 4, “Data protection”).

Data relating to the content of business relationships (e.g., account balances and transactions) shall in principle be kept confidential. However, Customers acknowledge that the statutory duty of confidentiality may be waived in order to safeguard the legitimate interests of BCV and its contractual partners for the BCV TWINT service. This shall apply, in particular, if BCV is required to meet statutory obligations to provide information, for the collection of receivables, and in the event of legal disputes.

1.5. Assistance

BCV shall provide Customers with technical support for the BCV TWINT app. The contact information for this technical support, along with a link to the Frequently Asked Questions (FAQ) page, are given in the BCV TWINT app, under “Help and Contact.” Customers can also contact BCV through the BCV-net secure messaging service. BCV may call on third parties for the provision of this support. To enable them to perform this task, they may be granted access to relevant data.

1.6. Customers’ duties of care

When using the BCV TWINT app, Customers must observe the following duties of care:

• Customers must protect their smartphone against unauthorized use or manipulation (e.g., by locking their device).
• The code for the use of the BCV TWINT app and the code for the device-locking function must be kept secret and must not be disclosed to other individuals under any circumstances or stored together with the smartphone.
• The selected code may not be made up of easily ascertainable combinations (mobile number, date of birth, etc.).
• Should damages be suffered, Customers must, to the best of their ability, contribute to clarifying the case in question and mitigating the damage. In the event of criminal acts, customers must file a complaint to the police.
• Upon installing the BCV TWINT app on their smartphone and creating a BCV TWINT account, Customers shall confirm that they are the legitimate and authorized user of the mobile phone number. Customers shall be deemed responsible for the use of their smartphone and shall bear all consequences that arise from the use of the BCV TWINT app on their smartphone.
• When using the peer-to-peer payment function, Customers can add text or a personalized image for the payment recipient. Customers must ensure that such content is compliant with Swiss legislation.
• Should there be reason to assume that unauthorized individuals have gained access to the codes for the device-locking function, these must be changed immediately.
• If a Customer’s smartphone is lost, and especially in the case of theft, BCV must be informed promptly so that the BCV TWINT account can be blocked.
• Before any payment is executed, Customers must check the beneficiary’s details in order to avoid erroneous transactions.
• Jailbreaking (the deactivation of a smartphone’s security structures for the installation of applications that are not officially available) and the setting up of root access (establishment of access at the system level of the smartphone) are forbidden, as is the installation of unauthorized apps, as these make smartphones more prone to viruses and malware.
• Customers shall be required to check executed payments. Should Customers identify discrepancies, they must immediately inform BCV by phone. Customers may be required to provide supporting documentation, within 30 (thirty) days of the telephone call to BCV, so that BCV may open a claim with TWINT SA. Beyond these deadlines, the payments will be considered as accepted.

1.7. Misuse

If the use of the BCV TWINT app deviates significantly from normal usage patterns or if there is any indication of behavior that is illegal, inappropriate, or in breach of the agreement, BCV can demand that Customers use the app in a legally and contractually compliant manner; alter, limit, or suspend the provision of the service; or terminate the agreement without notice and with no compensation.

The BCV TWINT app cannot be used by Retailers to receive peer-to-peer payments from their customers. Where necessary, BCV can demand compensation for damages for BCV and for third parties making valid claims.

The same shall apply in instances in which Customers provide incorrect or incomplete details upon concluding the agreement.

1.8. Liability

BCV shall endeavor to ensure the uninterrupted availability and fault-free usability of the BCV TWINT app. Although it will do everything in its power to ensure that the BCV TWINT system is operational and usable, BCV cannot give any guarantee in that respect. No guarantee can be given that communication and data transmission via the Internet will take place without errors and/or with maximum availability, given the current state of the technology. In particular, BCV cannot guarantee that the BCV TWINT system will run perfectly on Customers' mobile phones or with their network operators. BCV makes no warranty and declines any liability regarding the up-to-date nature, accuracy or content of images or messages, and regarding the completeness of information sent to customers' mobile phones.

Technical access to the services shall be the responsibility of Customers. BCV shall assume no liability in the case of a disruption in the services provided by network operators (providers) and shall not accept any liability, to the extent permitted by law, for the hardware and software required for the use of the BCV TWINT services.

BCV shall likewise, to the extent permitted by law, assume no liability for damages suffered by Customers or to Customers’ smartphones owing to transmission errors, routing errors, force majeure, technical defects, or faults (in particular due to outages suffered by a lack of an Internet connection), illegal interference with telecommunication facilities and networks, network overloads, the deliberate blocking of electronic access by third parties, interruptions, or other deficiencies.

BCV shall reserve the right to interrupt access to the BCV TWINT app and/or the services offered in the app at any time should it identify heightened security risks or faults or for the purposes of performing maintenance work. Provided that BCV exercises the level of care and due diligence customary in the industry, Customers shall bear any losses suffered owing to interruptions of this kind.

Any person who has identified himself/herself using the stipulated validation methods shall be regarded by BCV as authorized, even where that person is not the person who has actually been authorized. Provided that BCV has not shown willful misconduct or gross negligence, Customers shall bear the risk of identification methods being used fraudulently.

Should BCV breach the agreement, it shall assume liability for any demonstrable direct damages suffered by the Customers in question unless it can prove that no fault can be attributed to it. BCV shall assume no liability whatsoever for slight negligence.

To the extent permitted by law, BCV shall not accept any liability for indirect damages, lost profits, and data losses under any circumstances. BCV shall likewise assume no liability for payments that are not processed or that are processed with delay, nor for damages or losses suffered by Customers as a result of the use of added-value services or as a result of acts or omissions by third parties. BCV also declines all liability should the BCV TWINT app be used in a way that is deemed illegal or in breach of the agreement.

1.9. Changes to services

BCV can amend, update, or enhance the services at any time. BCV shall also be authorized to fully or partially discontinue the operation of the BCV TWINT app or the Customers’ access to the BCV TWINT app or to restrict the TWINT app’s availability, without providing prior notification, if necessary for security, technical, legal, or regulatory reasons.

1.10. Reservation of statutory regulations and local restrictions for usage

Any statutory provisions that govern the operation and use of smartphones, the Internet, and other infrastructure used for BCV TWINT services shall remain reserved and shall also be applicable to these services from the time that they enter into force.

The use of the services from outside Switzerland may be subject to local legal restrictions or, under certain circumstances, breach foreign legislation. The payment function shall in principle be limited to Swiss territory and may not be used abroad.

Customers acknowledge that circumstances may arise during the term of the business relationship that may legally require BCV to block assets, report the business relationship to a responsible authority, or terminate the business relationship. Upon request, Customers shall be obligated to provide BCV with information that it requires to meet its statutory clarification or reporting obligations.

1.11. Intellectual property

For the duration of the agreement, customers shall receive the non-transferable, non-exclusive right to use the BCV TWINT app. The content and scope of this right are governed by these GTCs. All intellectual property rights shall remain with BCV or third parties commissioned by BCV. Should a Customer breach third-party intellectual property rights and BCV be held responsible, the Customer shall fully indemnify BCV.
 

2. Payment function

2.1. Specifying a bank account

When registering, Customers must specify on the BCV TWINT app the number of the account they wish to use for payment (hereinafter referred to as the “reference account”).

2.2. Limits

In the case of payments to other TWINT users (hereinafter referred to as “P2P payments”) or to Retailers (hereinafter referred to as “P2M payments”), Customers shall be subject to monthly limits set by default for the use of the BCV TWINT app. BCV has set these monthly limits for all Customers; details about the limits can be viewed in the BCV TWINT app. These limits may be increased or reduced by BCV for regulatory or security reasons or at the request of Customers. Information about these limits and how they can be changed is given in the FAQ section of the BCV TWINT website, at www.bcv.ch/twint/faq.

Customers shall be able to make payments using BCV TWINT only if their reference account has a sufficient balance or credit line and if their monthly limit has not been exceeded. When a BCV credit card is specified as a means of payment, the credit-card limit shall apply instead of the BCV TWINT limit.

2.3. P2P Payments

When Customers make P2P payments, the BCV TWINT app uses the phone number of another TWINT customer. Customers can authorize the app to access the contacts saved on their smartphones in order to facilitate the process and avoid errors. When a new phone number is entered, Customers must associate a first and last name with the number. Transactions are carried out on the basis of phone numbers only. The first and last names entered by Customers (or the contact names taken from their phones) are used only for the purpose of differentiating transactions in the transaction list; BCV does not use the names to verify payment recipients. Customers alone are responsible for making sure that the phone numbers of intended payment recipients are correct.

Once a Customer approves a P2P payment, a request for authorization is made to BCV or, if a credit card has been specified as the reference account, to the credit-card issuer. If the available funds are sufficient, the approved amount will be debited from the Customer’s reference account (which may be a credit card) and transferred to the payment recipient’s account. If the available funds are insufficient, the request for authorization will be denied and the payment will not go through.

When a Customer makes a P2P payment to a recipient who has enabled push notifications from BCV TWINT, the Customer’s first and last names, as registered with their BCV TWINT account, are sent to the recipient in a push notification. In the recipient’s list of transactions, only the Customer’s telephone number will be shown (or, if the recipient has enabled access to their contact list, the Customer’s contact name). 

2.4. P2M Payments

To make a P2M payment, Customers use the BCV TWINT app to scan the QR code or enter the five-digit code displayed by the Retailer. The TWINT system then establishes a connection between the Customers’ BCV TWINT app and the Retailer.

The Retailer informs the TWINT system of the amount to be debited. The TWINT system then sends a payment request to the Customer’s BCV TWINT app.

In the BCV TWINT app settings, Customers are free to choose the amounts from which payments must be confirmed by tapping “OK”. Payments below this amount will be confirmed automatically. However, this does not apply: a) to online payments, which must be confirmed regardless of the amount; and b) when Customers have specified BCV TWINT as the automatic payment method for a Retailer (e.g., with the Migros app).

Once a Customer approves a payment, a request for authorization is made to BCV or, if a credit card has been specified as the reference account, to the credit-card issuer. If the available funds are sufficient, the approved amount will be debited from the Customer’s reference account (which may be a credit card) and transferred to the Retailer’s account. If the available funds are insufficient, the request for authorization will be denied and the payment will not go through.

2.5. Automatic payments

If Customers wish to save BCV TWINT as an automatic payment method with a Retailer, the Retailer must first enable automatic payments via TWINT.

By saving BCV TWINT as an automatic payment method, Customers authorize the Retailer to debit payments from their reference account without their express approval. Automatic payments will be debited from the reference account saved in the BCV TWINT app at the time of payment. (For example, if a Customer’s reference account at the time of payment is a joint account, the joint account will be debited.)

Customers may cancel the authorization given to a Retailer at any time in the BCV TWINT app, although this will not affect any special agreement between the Retailer and the Customer (such as subscriptions).

2.6. Pre-authorized payments

When Customers enable pre-authorized payments, the final amount of the payment is not specified; rather, Customers authorize the Retailer to make a debit at a later date, regardless of the amount. The final payment amount will be confirmed when the corresponding product or service has been received. One example of this is at pay-at-the-pump filling stations, where Customers do not know how much they must pay for their
gasoline until after they have finished filling their tanks.

2.7. Execution of payments

Customers shall acknowledge as valid all payments that have been debited from their reference account via the BCV TWINT app installed on their smartphone, and registered as payments in the app.

Any payment ordered via TWINT shall immediately be debited from the Customer's reference account, and it will then be impossible to reverse or reimburse the amount of the order, subject to section 1.6.

BCV shall not be bound to execute or process transactions that would breach applicable laws or rules laid down by the competent authorities or that are not compliant with the internal or external rules that BCV is required to comply with (e.g., anti-money laundering rules, economic sanctions, and rules applicable in the event of suspected fraud, an IT system attack, wrongful use, or transactions that could damage BCV’s reputation). BCV shall not be held liable for any delays in executing BCV TWINT services caused by the need for clarification.

If the payment is refused by another party involved in the transfer, such as the Retailer or the financial institution/intermediary of the payment's intended recipient, BCV shall credit the amount back to the same reference account. Any fees will be borne by the Customer.

If the Customer's reference account cannot be credited (e.g., because of statutory or regulatory provisions, rules laid down by the authorities, or reference account closure), BCV may, at its discretion, block or close the Customer's BCV TWINT acount. In any event, the Customer will make every effort to resolve the situation, in collaboration with BCV as the case may be.

If the account to be credited is not managed by BCV, BCV has no influence over the time at which a transferred amount is credited to the bank account of the intended recipient.

In the event of a claim, and in order to resolve any such claim, BCV shall be authorized to send Customer data (e.g., the Customer’s user number, the transaction date and time, the amount of the transaction, the transaction number, the Retailer’s name, the type of smartphone, and the version of the smartphone’s operating system) to the third parties BCV must work with to ensure the proper functioning of the BCV TWINT app.

The intended recipient of a P2P payment must have installed a TWINT app for the transaction to go through. If a payment order is sent by a BCV TWINT Customer to an intended recipient who has not yet registered with the TWINT system, the intended recipient will be sent a text message automatically inviting the intended recipient to install the app. BCV shall put a hold on the relevant amount in the reference account for 4 (four) days. If the intended recipient registers during that period, the amount shall be transferred immediately. If the intended recipient does not register, BCV shall cancel the hold on the relevant amount in the Customer's reference account. As long as the intended recipient of the payment has not registered with the TWINT service, the BCV TWINT Customer may cancel the payment order.

When using the P2P payment function, Customers can add text or a personalized image for the payment recipient. Customers must ensure that such content is compliant with Swiss legislation. If Customers breach those laws, BCV may block access to BCV TWINT in accordance with section 2.9. below.

If Customers wish to dispute a payment, they must contact BCV within the 30-day timeframe set out in section 1.6. In cases where goods have not been delivered or services not provided, Customers must contact the Retailer concerned and try to find an amicable solution with the Retailer. If no agreement can be reached, the Customer should contact BCV, providing, where necessary, evidence that will enable BCV to start the claims process with TWINT SA.

2.8. Revenue from fees invoiced to Retailers

For P2M transactions (see section 2.4), the Retailer concerned shall pay fees to the companies that connect the Retailer to the TWINT payment system (such as Worldline SA). Some of the proceeds from the various fees paid by Retailers are passed on to BCV, to cover its own expenditure in relation to issuing BCV TWINT and executing transactions. These redistributed proceeds can reach up to 0.5% of the transaction amount.

In addition, Retailers using added-value services (see section 3) must pay fees to TWINT SA. These fees are generally between 0% and 2% of the transaction amount. TWINT SA may pass some of the proceeds from these fees to BCV, up to 30% of the fees paid by the Retailer.

BCV receives no compensation from third parties for P2P transactions (see section 2.3).

Customers are aware of and agree to these terms, and may not request the reimbursement of any redistributed proceeds from BCV or TWINT SA.

2.9. Blocking of the BCV TWINT account

Customers can request BCV to block their BCV TWINT account by contacting BCV’s customer service center at 0844 228 228. Any payments initiated prior to the time that the request is made shall be deemed to have been booked and cannot be canceled. Once a BCV TWINT account is blocked, the Customer can no longer log into the BCV TWINT app or receive P2P payments.

If Customers suspect that a third party has their PIN or password, they must change it immediately and inform BCV’s customer service center (see the contact information given in section 1.5). If Customers lose their mobile phone, there is a risk that services could be used unlawfully by an unauthorized third party. In that event, Customers are required to contact BCV immediately to request that their BCV TWINT account be blocked. Unless such steps are taken immediately, Customers shall bear the consequences of any unlawful use of their BCV TWINT account.

In particular, BCV may block access to the BCV TWINT application where there is good reason to suspect unlawful use of text and images during P2P payments. BCV reserves the right to block Customers from sending text and personalized images.

2.10. Fees

The installation of the BCV TWINT app and the use of the associated services shall be free of charge for Customers.

However, the receipt of incoming payments from other individuals shall be free of charge only if such payments are not related to a commercial activity of the payment recipient.

Changes to fees and the introduction of new fees shall be communicated to Customers in the BCV TWINT app or through any other communication method that Customers have authorized. Such changes shall be deemed to have been accepted if Customers do not terminate the agreement or delete their BCV TWINT account before the change goes into effect.

2.11. Transaction information

The total purchase amount, the date of the purchase, the location of the POS at which the payment was made, and the Retailer’s name shall be recorded in the TWINT system. The transactions shall be visible in the BCV TWINT app for up to 180 (one hundred and eighty) days.
 

3. Added-value services

3.1. Mobile marketing campaigns

3.1.1. Presentation of campaigns

BCV may send coupons, customer loyalty cards, and other campaigns (hereinafter referred to as “campaigns”) to Customers via the BCV TWINT app.

There are three types of campaigns:

• campaigns launched by BCV or by TWINT SA without the involvement of a third-party provider (hereinafter referred to as “issuer campaigns”)
• campaigns launched by BCV or by TWINT SA together with a third-party provider (hereinafter referred to as “issuer added-value campaigns”)
• campaigns launched by a third-party provider (hereinafter referred to as “third-party-provider campaigns”).

The presentation, display, management, and redemption of issuer campaigns and issuer added-value campaigns shall not require an opt-in from Customers. These campaigns can thus be presented to all Customers.

However, the presentation, display, management, and redemption of third-party-provider campaigns does require an opt-in from Customers; that is, Customers must give their express consent thereto in the BCV TWINT app and explicitly accept the presentation of such offers from third parties.

Customers can unsubscribe from third-party-provider campaigns at any time. In this case, Customers shall no longer be presented with offers from the corresponding third parties and shall no longer be able to access any of the third parties’ coupons or loyalty cards. As a result, all benefits (e.g., loyalty program points and unredeemed coupons) associated with those third parties shall be lost.

3.1.2. Period of validity and terms and conditions of campaigns

Campaigns shall be valid as long as they are displayed in the BCV TWINT app.

The terms and conditions for each campaign will be stated explicitly. Some campaigns may need to be activated ahead of time. In most cases, campaigns shall be redeemed automatically upon Customers making a payment with the BCV TWINT app, without Customers being required to do anything. Discounts will be either subtracted directly from the amount to be paid or refunded to Customers in the form of a cash-back credit. In some instances, Customers may be required to present a campaign to a Retailer via the BCV TWINT app or enter the campaign themselves at a terminal or a Retailer’s online shop.

Activated campaigns may be deactivated by BCV or the issuer of the campaign if the associated offers are not redeemed within 10 (ten) days.

TWINT SA shall be authorized to delay the payment of a cash-back credit until it totals CHF 10 or more.

3.1.3. Sharing of campaigns

BCV may provide Customers with the option to forward campaigns to other individuals, to receive campaigns from other individuals, or to share campaigns with other individuals.

3.2. Store cards, loyalty cards, and coupons

Customers shall have the option to save or activate store cards (such as the Coop Supercard), employee ID cards, loyalty cards, coupons, and other incentive-based offers from third-party providers (hereinafter referred to collectively as “customer loyalty cards”) in the BCV TWINT app. Saved or activated customer loyalty cards can be removed from the BCV TWINT app by Customers at any time.

BCV shall be authorized to remove saved customer loyalty cards from the BCV TWINT app, such as when a customer loyalty card expires or the customer loyalty card in question is no longer generally available to be saved in the BCV TWINT app.

Customers acknowledge that the benefits associated with the use of certain customer loyalty cards shall be presented directly in the BCV TWINT app in the form of campaigns. Customers shall receive such campaigns only if they have provided their prior express consent for the presentation of third-party campaigns (opt-in) (see section 3.1.1).

3.3 Partner functions

TWINT SA and third parties may offer products and services through the partner functions available in the BCV TWINT app. Customers selecting a partner function (e.g., Parking) will be directed to the corresponding Retailer’s website where they can then choose specific products and services, which will be paid for through the BCV TWINT app.

BCV is not involved in the operation of these websites or in the provision of the products and services, and therefore assumes no liability in this regard. Customers requiring assistance with the products or services or wanting to make a claim should contact the corresponding Retailer directly, using the contact information found in the online shop. However, for any questions regarding payments made through BCV TWINT, Customers may contact BCV.

3.4. Pay-later function

Customers wishing to pay later for products and services they have purchased, and provided that the corresponding Retailer has agreed to this, will be directed to the website of a credit provider where they can sign up with this provider. The credit provider will specify the terms and conditions for the pay-later service, and has the right to refuse to provide the service.

BCV has no contractual agreement with the credit provider and is not involved in the pay-later function. BCV therefore may not be held liable by Customers using the service. BCV reserves the right to restrict some or all of the service.

3.5. Other added-value services

In addition to campaigns and customer loyalty cards, BCV and TWINT SA can offer other added-value services in the BCV TWINT app at any time.

3.6. Liability for added-value services

Third-party providers shall be exclusively responsible for the content, offers, and messages associated with their third-party-provider campaigns, their store cards, their partner functions, their pay-later service, and any other added-value services in the BCV TWINT app. BCV shall have no influence on the provision of products and services offered by third-party providers.

BCV shall also accept no liability for campaigns that cannot be redeemed with third-party providers or for discounts or benefits that are not granted in connection with the saving of customer loyalty cards. Such cases may include the failure to grant employee discounts or instances in which loyalty points remain outstanding, are lost, or disappear. In the event of a dispute, Customers should contact the third-party provider in question directly.

BCV and TWINT SA shall endeavor to ensure the uninterrupted availability and fault-free usability of added-value services in the BCV TWINT app. However, neither BCV nor TWINT SA can guarantee this at all times. In the case of an interruption in availability, one possible consequence may be that it is no longer possible to automatically redeem discounts or automatically collect loyalty points during the payment process. Provided that BCV and TWINT SA exercise the level of care and due diligence customary in the industry, Customers shall bear any losses suffered due to interruptions of this kind.
 

4. Data protection

BCV must process personal data in order to provide the services available through the BCV TWINT app – services such as transaction processing, liquidity checks, the sending of messages on service availability, fraud prevention procedures, and the handling of claims and refund requests – and to comply with legal and regulatory requirements. Customers who do not wish to provide personal data may not use the BCV TWINT app.

4.1. Scope

BCV and its partners attach great importance to data protection and data security. In this section 4, “Data protection,” Customers are provided with information on data processing and the data flows occurring when they use the BCV TWINT app to make P2M or P2P payments or use added-value services.

With respect to the BCV TWINT app, BCV's partners include TWINT SA, a company headquartered in Zurich (hereinafter referred to as “TWINT SA”), Swisscom SA, a company headquartered in Ittigen (hereinafter referred to as “Swisscom”) and SIX Payment Services SA, a company headquartered in Zurich (hereinafter referred to as “SIX”).

TWINT SA, as operator of the TWINT system, is responsible for the process of making payments via BCV TWINT and for the provision of services in relation to campaigns and customer loyalty cards (see section 3, “Added-value services”). Swisscom develops the BCV TWINT app and provides it to BCV, as well as the interfaces with TWINT SA and SIX that are necessary for the BCV TWINT app to run properly.

For that purpose, BCV has formed various agreements with TWINT SA, Swisscom, and SIX for the provision and operation of the BCV TWINT app. Any duly appointed subcontractors must also comply with the content of those agreements.

BCV, its subcontractors, and their subcontractors, if any, shall be subject to Swiss banking and data protection legislation – in particular the Federal Act on Data Protection (FADP) and the Federal Ordinance on Data Protection (FODP) – in connection with the procurement, processing, communication, and use of Customers’ personal data. BCV has a duty to Customers to ensure that their data are processed in accordance with Swiss laws and regulations.

BCV shall be responsible vis-à-vis Customers for ensuring that data are collected and used by TWINT SA, its other partners, and any subcontractors in accordance with data protection legislation and regulations, including the FADP, and with the provisions of this section 4, “Data protection.”

During P2P payments, BCV communicates the following personal data to TWINT SA: the first and last name of the person making the payment, and the phone number of the payment recipient. No personal data are communicated during P2M payments. When Customers opt in to receive personalized campaigns, BCV also communicates the Customers’ residential postal code, date of birth, and gender.

BCV offers added-value services via the BCV TWINT app. These include the presentation of coupons and customer loyalty cards via the BCV TWINT app, where Customers can consult, manage, and use them. When necessary, BCV will transmit the personal data required for Customers to be able to use the pay-later function (see section 4.7).

BCV can offer added-value services by itself, in conjunction with third parties, or only from third parties. The presentation, display, management, and use of added-value services offered only from third parties requires that Customers opt in – i.e., give their express consent – in the BCV TWINT app to receive these offers from third parties and to allow the transmission of some of their personal data in order to use the services.

Customers are aware and agree that their data may be disclosed by BCV to TWINT SA and/or to its other partners, to the extent required to provide the BCV TWINT service, and to other third parties where necessary to protect the legitimate interests of BCV and its partners, for example in relation to statutory disclosure obligations, debt collection, or legal disputes.

Through the privacy statement and these GTCs, Customers are duly informed about the collection, processing, disclosure, and use of their data when installing and using the BCV TWINT app along with any added-value services they sign up for, and they agree to that procedure.

4.2. Involvement of third parties

Customers shall expressly agree that BCV and TWINT SA may involve third parties (e.g., payment service providers) for the provision of their services and that, where necessary, Customer data may be disclosed within the framework of such relationships. BCV and TWINT SA undertake to select, instruct, and monitor such service providers in a prudent manner.

Third parties may use such data only in accordance with the data protection policy on behalf of BCV and TWINT SA. It shall be forbidden for third parties to use the data for their own purposes.

4.3. Use of Customers’ personal data for the BCV TWINT app and its services

By registering with the BCV TWINT app, Customers are aware that the data requested for the provision of the app’s services will be communicated to BCV’s partners, and agree to this practice.

4.4. Data transmitted when payments are made with the BCV TWINT app

When a Customer makes payments to a Retailer using the BCV TWINT app, a connection shall be established between the Customer’s BCV TWINT app and the Retailer.

Neither TWINT SA nor BCV shall receive any details of the items in Customers’ shopping carts.

Without the express consent of Customers, BCV and TWINT SA shall not disclose any of Customers’ personal data to the involved Retailers and/or third parties unless the transfer of such data is governed in accordance with sections 4.5 and 4.9.

4.5. Saving of customer loyalty cards

As stated in section 3.2, Customers shall have the option to save customer loyalty cards directly in the BCV TWINT app. Upon saving a customer loyalty card, Customers shall be deemed to have provided their express consent to the use of the card in question. These cards shall subsequently be automatically taken into account during payments made with the BCV TWINT app, provided this has been made technically possible by the customer loyalty card issuer.

Customers can deactivate the use of the customer loyalty card in the BCV TWINT app at any time.

In such cases, the payment procedure shall be based on sections 2.3 and 2.4.

If a customer loyalty card is saved in the BCV TWINT app and a payment is made using the BCV TWINT app resulting in a Customer gaining a benefit from the use of the customer loyalty card (points, a discount, etc.), the issuer of the customer loyalty card or a third party legally working on its behalf shall be provided with the same data that it would have received had the Customer presented the customer loyalty card physically.

TWINT SA shall transmit the identification number of the customer loyalty card to the Retailer or its affiliated third party and, depending on the customer loyalty card used in the specific instance, also the basic payment data such as the date and time, amount, and any discounts or points granted in connection with the use of the customer loyalty card. The use of these data by the Retailer shall be governed exclusively by the contractual relationship between the Customer and the Retailer or between the Customer and the third party affiliated to the Retailer.

Personal data processed for the purposes of displaying or transmitting customer loyalty cards will be deleted if the card is removed from the BCV TWINT app.

4.6. Partner functions

Customers can buy products (including through special offers like discounts and digital vouchers) and purchase services (e.g., parking) directly in the BCV TWINT app. These products and services are sold by third-party providers, and the providers’ terms and conditions and data protection policies apply.

4.7. Pay-later function

The service associated with the pay-later function in the BCV TWINT app is provided by a credit provider (a TWINT SA partner company). Customers can use the service to pay for products and services after the date on which they are ordered. Customers using this service authorize BCV to communicate the following personal data to TWINT SA, for the purposes of registering the Customer with the credit provider and enabling the Customer to use the service: first and last name, home address, date of birth, telephone number, language configured on their smartphone, and the name of their bank, meaning the Customer releases BCV from its banking confidentiality requirements.

Customers can deactivate the pay-later function in the BCV TWINT app at any time, provided they meet their contractual obligations to the credit provider.

4.8. TWINT ID

To make it easier for Customers to use the various value-added services available in the BCV TWINT app, TWINT SA provides a service called TWINT ID that allows Swiss-based customers to make purchases quickly, easily, and securely. TWINT SA has a “customer profile” feature that allows Customers to create and use a profile containing their personal information. Instead of having to re-enter all their contact information each time they make purchases from a given retailer, Customers can simply use their TWINT ID.

This service is provided exclusively by, and is under the responsibility of, TWINT SA. It is an optional service, and BCV is not involved in the process. The data that the Customer provides to TWINT (e.g., address or date of birth) are not shared with or verified by BCV. By signing up for TWINT SA’s TWINT ID service, the Customer accepts that, for technical reasons, the Retailer may be able to identify BCV.

For more information on TWINT ID, Customers can refer to the General Terms and Conditions of Use for TWINT ID and to the TWINT ID Data Privacy Statement, both of which can be found on the TWINT SA website.

4.9. Marketing purposes – Issuer campaigns and issuer added-value campaigns

TWINT SA and BCV analyze Customers’ transaction data for the purposes of customer segmentation, so that the most relevant mobile marketing campaigns can be displayed for a given Customer. These transaction data relate to the Retailer (including the kind of business, such as a grocery store, and where it is located), the time and date of the transaction, the payment method (e.g., in-store or online), and the transaction amount. TWINT SA and BCV also record and examine which offers Customers decide to view, activate, and use in the BCV TWINT app. Other transaction data, such as the items in Customers’ shopping carts, are not analyzed.

By using the BCV TWINT app, Customers allow TWINT SA and BCV to analyze their transaction data in this manner and, based on the usage patterns revealed in the analysis, to display targeted campaigns in the BCV TWINT app.
In addition, when Customers authorize the BCV TWINT app to access the geolocation function on their smartphones, the Customers’ locations are transmitted to TWINT SA when the app is being actively used (such as to indicate nearby parking places via the Parking partner function). Customers’ locations are not transmitted when the app is closed or running in the background. Customers can activate or deactivate access to the geolocation function in the settings for their smartphone’s operating system. Geolocation data are recorded only in a rough manner (16-km radius) and are deleted no later than 6 (six) months after they are collected.

Through a feature in the corresponding menu of the BCV TWINT app, Customers can opt in to have other data communicated to TWINT SA for the purposes of displaying better-targeted campaigns. These data are: date of birth, residential postal code, and gender. TWINT SA does not have access to other Customer data.

4.10. Marketing purposes – Third-party provider campaigns

Customers must specifically opt in to receive offers from third parties on the BCV TWINT app, and to activate and use them (see section 3.1.1). By opting in, Customers also allow TWINT SA to collect, analyze, and use these data to target third-party provider campaigns.

Customers can chose to opt in or opt out when the BCV TWINT app is being installed and at any other time by changing the app’s settings.

Even when Customers have opted in, neither BCV nor TWINT SA communicates Customers’ personal data to Retailers or third parties unless Customers have given their express consent in the BCV TWINT app (see section 4.5). Retailers receiving payments via the BCV TWINT app have access only to anonymized data.

In order to allow for the automatic redemption of campaign offers for a discount or non-cash benefit, data must be exchanged between the TWINT system and the Retailer.

The data transmitted shall depend on the system in which the campaign offer is redeemed and the discount or non-cash benefit applied.

In cases in which campaign offers are redeemed in the system of the Retailer, TWINT SA shall transmit the campaign identification number to the Retailer. The Retailer shall then apply any discount or other benefit for the Customer. Here, the Retailer shall receive the same information that it would have received had the Customer presented the campaign identification number (e.g., in the form of a bar code).

Only the contractual relationship between the Retailer and the Customer shall determine whether the Retailer provides further data to TWINT SA (e.g., information for the redemption of campaign offers that had previously been transmitted from the TWINT system to the Retailer, or details of purchased goods on the basis of which campaign offers can be redeemed in the TWINT system). The Retailer shall be responsible for ensuring that Customer data are handled in accordance with the contract and for obtaining the required authorizations.

4.11. Collection and use of data in order to improve the BCV TWINT app

TWINT SA shall collect and use data for the purposes of providing and improving the TWINT system. This includes data that the BCV TWINT app can access in accordance with the Customer’s smartphone settings (e.g., the camera and location on Android devices) as well as technical data and information collected during the use of the BCV TWINT app (see section 4.12, “Google Firebase,” below).

TWINT SA will never disclose these personal data to retail customers and/or third parties without the express approval of Customers. Instead, it shall use these data exclusively to provide and improve its own service.

4.12. Google Firebase

TWINT SA uses Google Firebase of Google Inc. (“Google”) in the BCV TWINT app. It does so in order to analyze Customer behavior with the objective of improving the app for Customers.
Customers can deactivate the collection and transmission of usage data to Google at any time in the BCV TWINT app by changing the settings.

The following data are collected and transmitted to Google’s servers in the United States (US) when Customers use the BCV TWINT app:

• analytics ID: random value on the basis of which TWINT SA can identify the Customer
• device ID: random value that identifies the device used and allows Google to summarize sent events in a device session
• key device details: brand, type, screen, and memory
• information on the operating system: iOS or Android, and the version used
• the version of the installed BCV TWINT app
• the type and version of the Internet browser used
• the IP address of the accessing smartphone (anonymized so that it can no longer be assigned to a specific user).

These data shall be stored on Google’s servers in the US and shall be used by Google in order to generate reports on the usage of the BCV TWINT app and to provide further services related to the use of the BCV TWINT app.

Customers acknowledge that Google shall transfer this information to third parties, provided this is authorized by law or if the third parties are to process these data on behalf of Google. US data protection laws are less strict than those in Switzerland. We would draw Customers’ attention to the fact that authorities in the US have introduced surveillance measures that broadly allow for the recording of all personal data from all individuals whose data are transmitted to the US from Switzerland or the European Union. This process is carried out with no distinctions, restrictions, or exceptions made based on the intended purpose, and there are no objective criteria in place to limit the access to and use of these data by US authorities to only strictly defined purposes that warrant said access and that warrant the procedures associated with the data use. Individuals based in Switzerland and affected by these measures have no legal recourse in the US for accessing their data or having their data corrected or deleted, nor do they have any effective legal protection against the US authorities’ broad right to access their data. Customers need to be aware of this so that they can make well-informed decisions about whether to consent to the use of their data.

Google shall not link the IP address of the Customer to other Google data under any circumstances.

4.13. Microsoft App Center

BCV uses the App Center developed by Microsoft Corporation (“Microsoft”) to send error reports associated with the BCV TWINT app, in an effort to continually improve the app. The information collected by the App Center on errors in the BCV TWINT app is stored on Microsoft servers in the US. Microsoft reviews this information to generate error reports and provide other services for analyzing problems with the BCV TWINT app. Details about the type of data collected and how they are used are given in Microsoft’s privacy statement, available at: https://privacy.microsoft.com/en-gb/privacystatement.

4.14. Storage and deletion of personal data

Should the BCV TWINT app not be used for a period of 2 (two) years, BCV and TWINT AG shall assume that Customers have deleted the BCV TWINT app from their smartphone and may proceed to close the Customers' BCV TWINT account. In such cases, the personal data saved on the BCV TWINT app or with TWINT SA shall also be deleted or anonymized.

Should Customers subsequently decide to opt out of personalized campaigns, all coupons, stamp cards, and other campaign offers activated in the TWINT system shall be permanently deleted or anonymized 6 (six) months after the opt-out is made, and the Customers shall no longer be able to take advantage of any associated discounts and benefits.

Customers’ personal data saved by TWINT SA shall be deleted or anonymized if they are no longer required for the provision of services and no later than 4 (four) years after the time at which they are saved.

Data that must be stored for longer in order to meet the legal obligations of BCV, TWINT SA, and their partners shall not be subject to the provisions of this section.

4.15. Information and disclosure rights

Should Customers have any questions relating to the handling of personal data, they can contact BCV by telephone at 0844 228 228 or at www.bcv.ch/en/twint.

4.16. Communicating with Customers

For any information or technical problems related to Customers' BCV TWINT account, BCV reserves the right to communicate with Customers using the means it deems appropriate (e.g., by text message, email, or push notification). Any such text messages, emails, and push notifications will not be encrypted, which gives rise to a number of risks, including the risk of the data being intercepted and viewed by a third party. Because BCV would appear as the sender, the third party could become aware of a business relationship with BCV. As a result, Customers release BCV from the associated banking confidentiality requirements.
 

5. Suspension and termination of the BCV TWINT app

Customers can uninstall the BCV TWINT app at any time by taking the appropriate steps on their mobile phones. If the BCV TWINT app is uninstalled, all current loyalty programs will be closed and all active offers will be canceled and lost.

BCV shall be able, at its discretion and with immediate effect, to suspend the use of the BCV TWINT app, particularly where it suspects wrongful use or any other behavior contrary to statutory or regulatory provisions that threaten the proper running of the BCV TWINT app.

Should the BCV TWINT app not be used for a period of 2 (two) years, BCV shall assume that Customers have deleted the BCV TWINT app from their smartphone and shall cancel their access to the BCV TWINT app in accordance with section 4.14 above.

6. Changes to the GTCs

BCV can amend the GTCs at any time. Any changes shall be communicated to Customers in advance in an appropriate manner. Should Customers not agree to the changes, they must close their BCV TWINT account before the changes come into effect.

7. Applicable law and place of jurisdiction

These GTCs are governed exclusively by Swiss law. The place of performance, the place of all legal proceedings, and, for Customers not domiciled in Switzerland, the place of enforcement shall be BCV's head office in Lausanne. The mandatory places of jurisdiction specified by the applicable legislation and international agreements ratified by Switzerland are unaffected.

However, BCV shall remain free to commence proceedings in the district of the Customer's domicile or before any other competent tribunal.

8. Other applicable conditions

In all other respects, BCV's General Conditions and the Terms and Conditions of Use for BCV-net shall apply.