Terms of Service

TERMS AND CONDITIONS OF MYPRIVATEBANKING.COM AND MYPRIVATEBANKING GMBH

 

PREAMBLE


By logging on to MyPrivateBanking.com, users accept the following Terms and Conditions for using MyPrivateBanking.com.


These Terms and Conditions shall govern the contract relationship between the user and MyPrivateBanking GmbH.


The user enters into this agreement on the use of MyPrivateBanking GmbH services with MyPrivateBanking GmbH, Weinbergstrasse 9, 8280 Kreuzlingen, Switzerland. Additional contact information, as well as the name of the authorized representatives of MyPrivateBanking GmbH are in the “About-Section” of the site.
The services provided by MyPrivateBanking GmbH are intended exclusively for persons of legal age.

 

1. DISCLAIMER


The content on this site MyPrivateBanking.com and all sub-domains, including research, directory, news, data and other information, is provided by MyPrivateBanking GmbH of Switzerland and its third party content providers for personal information only, and is not intended for investment purposes. Content on this site is not appropriate for the purposes of making a decision to carry out a transaction or trade. Nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products.


This site does not provide investment advice nor recommendations to buy or sell securities. We do not request personal information in any unsolicited email correspondence with our users. Any correspondence offering trading advice or unsolicited message asking for personal details should be treated as false and reported to MyPrivateBanking GmbH.


Neither MyPrivateBanking GmbH nor its third party content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. There are no warranties, expressed or implied, as to the accuracy, completeness, or results obtained from any information set forth on this website. MyPrivateBanking GmbH will not be liable to you or anyone else for any loss or injury resulting directly or indirectly from the use of the information contained in this report, caused in whole or in part by its negligence in compiling, interpreting, reporting or delivering the content on the website MyPrivateBanking.com, its sub-domains and all related content.


Although MyPrivateBanking GmbH makes reasonable efforts to obtain reliable content from third parties, MyPrivateBanking GmbH does not guarantee the accuracy of or endorse the views or opinions given by any third party content provider. This site may point to other Internet sites that may be of interest to you, however MyPrivateBanking GmbH does not endorse or take responsibility for the content on such other sites.

In particular MyPrivateBanking.com is not responsible for all postings, comments, statements, opinions or any other content provided or made by users of the website in connection with the user ratings, forums and groups on MyPrivateBanking.com. Although MyPrivateBanking.com has procedures and processes to check the compliance of user generated content with the applicable Swiss law, the MyPrivateBanking GmbH shall not be liable for any user generated content that causes any loss or injury to anyone or is not in compliance with applicable law of Switzerland or any other jurisdiction.

User ratings on MyPrivateBanking.com represent the personal opinion of the users of this site. MyPrivateBanking.com does not make any formal attempt to verify the accuracy and validity of comments and ratings which have been posted by site users.

In no event will MyPrivateBanking GmbH be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits Limitation of Liability: business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Website.

 

2. RULES GOVERNING THE SOCIAL NETWORK, USER RATINGS, GROUPS AND FORUMS OF THE SITE


The user is obliged to comply with all applicable legislation, and respect all third-party rights. In Particular, the user shall not


  • Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or MyPrivateBanking GmbH personnel or other companies

  • Violate with statements, comments, postings or other content any applicable law of Switzerland or other jurisdictions that may apply.

  • Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product.

  • Unreasonably annoy (particularly with spam) any other user.

  • Solicit clients for commercial purposes or advertise or promote any services and products. It is particularly prohibited to advertise or promote any financial services or financial products for commercial purposes.

  • Give investment, tax or legal advice to other users.

  • Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.

  • Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).


The user is obliged to refrain from engaging in any of the following actions, even if they do not constitute a breach of any applicable laws:


  • Sending chain letters

  • Sending identical private messages to more than one (1) user at the same time

  • Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or

  • Communicating in any insinuating or sexual way (suggestive or explicit).

  • The user is further prohibited from the following activities related to the technical infrastructure:

  • Employing any mechanisms, software or scripts when using MyPrivateBanking GmbH website. However, the user may use the interfaces or software provided by MyPrivateBanking GmbH within the scope of the services available on the MyPrivateBanking GmbH website.

  • Blocking, overwriting, modifying and copying of any contents of the MyPrivateBanking GmbH website, unless said actions are necessary for the proper use of the services on the MyPrivateBanking GmbH website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.

  • Distributing or publicly disclosing the contents of password-protected parts of MyPrivateBanking.com without prior written permission of MyPrivateBanking GmbH.

  • Performing any actions which may impair the operability of MyPrivateBanking GmbH's infrastructure, particularly actions which may overload said infrastructure.

User Ratings of Wealth Management Companies: A User may use this Site to post comments or ratings about any bank or wealth management company where the User has personal first hand knowledge or experience. However, by proceeding to post comments or ratings on the Site as a User, you acknowledge and agree that:

  • you have had direct experience with the bank or wealth management company for which you are submitting comments or ratings and your comments or ratings are not based on third party information or hearsay;

  • MyPrivateBanking. com shall have sole ownership over submitted comments or ratings, all of which are warranted to be bona fide and not posted for any ulterior purpose or motive and, not to be limited in generality by the foregoing, all employees or officers, directors or shareholders of a bank or wealth management company may not post comments or material on this Site. Moreover, any comments or material believed or suspected to be the direct or indirect contribution of a bank or wealth management company owner, officer, director or shareholder may be immediately deleted;

  • comments shall only refer to legal entities (e.g. banks or wealth management companies); no comments shall be made that refer in any respect to an individual person or employee in order to protect their privacy;

  • MyPrivateBanking.com has the sole right, in its subjective opinion to edit, modify, or delete any comments or material posted by any User.


MyPrivateBanking GmbH reserves the right to terminate the membership of any user who is in violation of any of the above mentioned points under section 2 without prior notice.

 

3. PRIVACY POLICY


MyPrivateBanking GmbH considers the privacy of its website users and members to be of utmost importance and works to protect it. The steps that MyPrivateBanking GmbH takes to respect user privacy while collecting data from the use of our Web site are listed below.

 

2.1. Non-Personally Identifiable Information That We Collect.


MyPrivateBanking GmbH uses Cookies/Web server logs: Similar to other commercial Web sites, this Web Site utilizes standard technology called “cookies” and Web server logs to collect information about how the Web Site is used. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web Site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at this Web Site, and the Web Sites visited just before and just after this Web Site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
MyPrivateBanking GmbH regularly analyzes data pertaining to visitor trends, content consumption, and research consumption in order to improve our research, plan site enhancements, and measure overall site effectiveness. We consider this data to be confidential information as defined by MyPrivateBanking GmbH's Employee Confidentiality and Proprietary Rights Agreement.
All MyPrivateBanking GmbH employees receive copies of this Privacy Policy as part of employee training. MyPrivateBanking GmbH management considers violation of client confidentiality to be a serious infringement of MyPrivateBanking GmbH policies.


2.2. Personal Information You Choose to Provide


MyPrivateBanking GmbH discourages all website users and members of our social network to identify themselves with their real names. Instead we encourage all users, if they become members of the MyPrivateBanking.com social network or if they want to access specific member-only content, to register with an anonymous nickname to protect their privacy.
MyPrivateBanking GmbH does not make any individual user data available to third parties. We do not sell lists, and we do not share data from any user with other users. MyPrivateBanking GmbH may conduct voluntary user surveys and collect user data from the site. This data will always be aggregated and no information can be traced back to individual users. MyPrivateBanking.com may use these aggregated data for commercial purposes.


2.3. Newsletters and Email Alerts


You may receive periodic emails and newsletters from MyPrivateBanking GmbH if you have chosen so during the registration process when becoming a member of the MyPrivateBanking.com social network. You may unsubscribe to these emails at any time with the link provided in the email to unsubscribe from our newsletter or using the settings under the menu “MyProfile”. My PrivateBanking GmbH may send to all users, whether they have chosen to receive newsletter or not, occasionally important messages about the site, changes to the site, its functionalities and services.
MyPrivateBanking GmbH complies with the Swiss Law for Data Protection and the European Parliament and Council of the European Union directive regarding unsolicited email.
If you have any concerns or complaints with regard to the handling of personal data and/or our privacy policies please contact us as follows:


MyPrivateBanking GmbH
Director of Privacy Issues
Konstanzerstrasse 60
8274 Tägerwilen
Switzerland

 

4. WEBSITE CONTENT AND COPYRIGHT


This Website including all content such as articles, videos, research reports, guides, member profiles, group postings is the property of MyPrivateBanking GmbH and is protected by Swiss and international copyright law and conventions. MyPrivateBanking GmbH grants to the user the right to access and use the Website, so long as such use is for internal information purposes, and the user does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. The user acknowledges that access to and use of this Website is subject to these TERMS AND CONDITIONS and any expanded access or use must be approved in writing by MyPrivateBanking GmbH.

 

5. CHANGES OR UPDATES OF WEBSITE


MyPrivateBanking GmbH reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these terms and conditions, as modified.

 

6. TERMINATION


In accessing and using this Website, the user agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this Website. MyPrivateBanking GmbH may terminate the user's access to this Website at any time for any reason. The terms hereunder regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights shall survive termination.

 

7. INDEMNIFICATION


The user agrees to indemnify, defend and hold harmless MyPrivateBanking GmbH, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of user's use/ misuse of this Website.

 

8. GENERAL PROVISIONS


Any provision in any written communication received by MyPrivateBanking GmbH in connection with this Website which is inconsistent with, or adds to, these TERMS AND CONDITIONS is void. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect

 

9. GOVERNING LAW


These TERMS AND CONDITIONS and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the SWISS CONFEDERATION and the KANTON THURGAU, without regard to its conflicts of law principles. The user consents to the jurisdiction of the courts of the SWISS CONFEDERATION and the KANTON THURGAU.