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Website Conditions of Use

 

Introduction and purpose of the website

You (the "User") should read these terms and conditions and the information carefully before you continue.

By accessing and using the BCV web site (the "Site"), you expressly agree that you have read, understood and agree to be bound by these terms and conditions and the legal information contained below. If you do not agree to these terms and conditions, you should exit thYou (the "User") should carefully read this information, including the terms and conditions below, before you continue.
e Site now. The purpose of this website (the “Site”) is to describe the activities of Banque Cantonale Vaudoise (BCV) within Switzerland. BCV does not intend to conduct activities outside Switzerland, and the Site is aimed solely at individuals and entities domiciled in Switzerland as well as those that are already BCV clients. General information for investors authorized to invest in securities issued by BCV can be viewed in the “Investor relations” section of the website (https://www.bcv.ch/en/home/la-bcv/investor-relations.html).

Application of the website conditions of use

By viewing and using this website, the User expressly accepts the website conditions of use and acknowledges the legal information shown below. If this is not the case, please leave this website now.

Operator

The Site is operated by Banque Cantonale Vaudoise, Pl. St-François 14, Case postale 300, CH-1001 Lausanne ("BCV"). BCV is a public limited company listed in the Companies Registry of the Canton of Vaud under number H883/00859 and federal number CH-550-1000040-7. BCV is a bank and securities trader licensed in Switzerland by the Swiss Financial Market Supervisory Authority (FINMA), Laupenstrasse 27, Case postale, CH-3003 Berne.

Local restrictions

The information and services provided on this Site are not provided to and should not be used by any person in any jurisdiction where (by reason of that person's nationality, place of residence or domicile, or for any other reason) the provision or use thereof or the access to this Site is prohibited. Any person in respect of whom such interdictions apply must not access or use the Site. This principle applies in particular to persons residing in Germany, the United Kingdom, the United States and any countries that have implemented the Directive 2002/65/CE of the European Parliament and European Council of 23 September 2002.

The products and services described on the Site may not be available or may be prohibited to persons dependent on a jurisdiction other than Switzerland (by reason of that person's nationality, place of residence or domicile, or for any other reason). You should consult your adviser for information concerning any restrictions applicable to you regarding the sale of such products and services.

You should also be aware that the jurisdiction on which you depend may (by reason of your nationality, place of residence or domicile, or for any other reason) prohibit or restrict the import, export and use of code algorithms. You should consult your adviser on the subject and ensure that you comply with the applicable regulations concerning the import, export and use of code algorithms.

Trademarks and copyright

The logo and trademarks of Banque Cantonale Vaudoise and BCV are protected by law, and all information contained on the Site is protected by copyright. All rights are reserved for third party copyrights.

Nothing on the Site may be used in any form whatsoever unless specific mention is made of the trademark and copyright protection, and of these terms and conditions. In all events, linking through any hypertext and inline links, e.g. framing, and consulting the Site through inline links or framing are prohibited without the prior written consent of BCV.

Use of the Site for advertising or commercial purposes, in any form whatsoever, is prohibited without the prior written consent of BCV.

Linked sites

BCV is not responsible for the contents of other web sites linked or leading to this Site. Any links to other sites or to any pages off this Site are used at User's own risk.

Data protection

a.      General information

All data provided by the User will be used in accordance with the Swiss Federal Act on Data Protection (FADP).
By voluntarily sending BCV personal data (name, email address, etc.) through our Site, such as via a contact form, the User authorizes BCV to use the data for the purposes indicated when the data were entered, for purposes relating to their transmission, for administrative or client relationship purposes, and for marketing and targeted advertising.

User data are sent over the internet travel via a public network that is accessible to anyone. In addition, the data may be transmitted across international borders even if the sender and the recipient reside in the same country. Data are transmitted in the form of separate coded packets, but the details of the sender and the recipient are not encrypted. Third parties could therefore access this information and become aware of contact between the User and BCV.

BCV reserves the right to pass on personal data to external service providers, while ensuring that such providers use the data in accordance with the FADP. BCV may be legally required to transmit personal data to third parties to comply with administrative or judicial decisions.

Within BCV, personal data are transmitted and stored for a limited time. Appropriate security measures are taken to prevent third parties from accessing this information.

The confidentiality and security of email communications cannot be guaranteed. Therefore, BCV does not, in principle, accept any orders for banking transactions (account opening, payment orders, stock exchange orders, etc.) transmitted by email.

With regard to data protection, BCV’s Data Privacy Notice (available at https://www.tradedirect.ch/en/Sign-up/Documents) also applies.
 

b.      Cookie policy

Cookie policy

BCV uses cookies to collect data on how the User uses the Site.

What is a cookie?

A cookie is a small, often coded, text file that is placed on the User’s computer or device the first time they visit a website. The data stored in the cookie are then sent back to the website each time the User subsequently visits that website. Cookies make web browsing easier because they allow a website to recognize a particular computer or device.

When the User uses this Site, the following data may be saved and used for the aforementioned purposes: browser type, number of pages viewed, path taken to navigate the site, time spent on a page or on the Site, and IP address.

Types of cookies used

BCV uses various types of cookies. Some are needed for the Site to function properly, while others are optional. Refusing or blocking certain cookies may prevent the Site from working properly.

Why does BCV use cookies?

There are several reasons why cookies are placed on the User’s computer when they visit the Site.

Cookies make it possible to store preferences and other information the User provides on the Site so that the User doesn’t have to provide the same information each time they go to a new page.

Cookies are also used for statistical purposes; by collecting data on how the Site is used, BCV can continuously improve it.

After the User visits the Site, different types of cookies will be stored on their computer for different lengths of time. The User can get information about how long individual cookies are stored from their browser.

Cookies used by BCV

Necessary cookies

Some cookies are used to ensure that information provided on the Site and through its online products and services is delivered securely and optimally. The Site cannot function properly without these cookies.

Cookies to enhance the user experience

Other cookies are used to store the User’s preferences, such as choice of language and font size. These cookies are optional; they are designed to enhance the User’s visit to the Site by preventing the User from having to enter the same information each time they switch to a new page.

Third-party cookies

The Site and some of its online products and services occasionally run third-party programs. These programs use cookies for statistical and advertising purposes, as well as to measure the Site’s performance. Such third-party cookies help BCV improve its services and more effectively tailor the products and services it advertises.

As these cookies are optional, the User can choose to restrict the data they collect without affecting how the Site functions.

The links given in the table below are for informational purposes only. BCV is not liable for the content or data protection policies of the corresponding third parties.

Public website

The Site uses the following third-party cookies and tracking programs:

 

Login-protected part/BCV-net

The Site uses the following third-party cookies and statistics technology:

Program

Purpose

Developer

Cookie policy

Procedure for refusing cookies

Adobe Analytics

Measuring web traffic

Adobe Systems Software Ireland Limited

https://www.adobe.com/ch_fr/privacy/policy.html

https://www.adobe.com/ch_fr/privacy/opt-out.html

Dynatrace

Measuring website performance

Dynatrace LL

https://www.dynatrace.com/company/trust-center/

https://www.dynatrace.com/company/trust-center/

How can the User restrict or delete cookies?

The User can restrict or block cookies that are not strictly necessary at any time by changing their browser settings. However, BCV cannot guarantee that the Site will function properly afterwards. Alternatively, the User can delete the cookies on their hard drive by clearing their browsing history or browsing data; this option can generally be found under Tools or Preferences.

c.     Agreement/refusal to have data collected and saved

By using this Site, the User agrees that the data collected on the Site may be processed and used in the manner described above.

The User can dispute the collection and storage of their data at any time, with future effect.
 

No offer, solicitation or recommendation

The contents of this Site are provided for information purposes only and in no way constitute an offer, a solicitation or a personal recommendation to buy or sell any investment products or instruments. Unless expressly stated otherwise, none of the information contained on this Site constitutes financial advice or analysis within the meaning of the Swiss Bankers Association's Directives on the Independence of Financial Research.

The risks involved in certain investments are not suitable for all investors, and you should consult your adviser to obtain a specific evaluation of your risk profile. You should also seek information regarding the risks inherent in any financial decision, and you are particularly urged to read the brochure Risks Involved in Trading Financial Instruments before embarking on any transaction. Structured products, synthetic products and warrants are not collective investment funds in the sense of the Swiss Collective Investment Funds Act (LPCC) and are not subject to authorization or supervision by the Swiss Financial Market Supervisory Authority (FINMA). As a result, investors are not protected by the Swiss Collective Investment Funds Act. Investors are exposed to issuer risk, and the value of investments depends not just on the underlying(s), but also on the issuer’s financial situation, which may change during the life of the product.

Past performance is not a guide to present or future performance. The value of an investment may go down as well as up for any number of reasons and you may not recover all or even part of your original investment. Moreover, fluctuations in exchange rates can also influence the value of an investment causing it to rise or fall.

Reliability of information

While BCV makes every reasonable effort to use reliable, comprehensive information, we make no representation or warranty of any kind that the information contained on this Site is accurate, complete or up to date. Any decision based on such information is taken at your own risk, and BCV disclaims all liability or responsibility for any loss or damage that may result directly or indirectly as a result of your use of such information.

Moreover, BCV reserves the right to change the contents of the Site at any time without notice.

Material interests in securities or third parties

BCV, its affiliate companies and/or their directors, managers and employees may hold or have held interests or positions in certain securities, which they may buy or sell at any time, or may have acted or traded as market makers in securities. Furthermore, such entities or persons may have or may have had business relationships with issuers of certain securities, or have provided them with corporate finance services, capital market services or any other financial or related services.

Disclaimer of warranty and limitation of liability

Neither BCV, its officers, directors, employees, affiliates and shareholders, nor any third party information providers, their officers, directors, employees, affiliates and shareholders will be liable or responsible for any loss or damage of any nature whatsoever that any User may incur directly or indirectly as a result of User's access to this Site or of the use of information or opinions available through the Site or of User's inability to access or use the Site or the information or opinions contained therein. In particular, in no event will BCV, its officers, directors, employees, affiliates and shareholders be liable or responsible for any loss or damage incurred as a result of a technical or other error, failure to transfer information, a surcharge of the system, problematic use, interruption of service (including but not limited to maintenance service), a delay in the transmission of information, incompatibility between this Site and User's files and/or software (including User's browser) and/or computer, any dysfunction or interference, the transmission of a virus or worm to User's computer, illegal access (e.g. hackers), the intentional blocking of telecommunication tools and networks (e.g. as a result of massive e-mail or denial of access attacks) or for any other error or omission of network or telecommunications providers or operators.

Severability

Should any provision or part thereof of these terms and conditions be held to be illegal, invalid or unenforceable under any present or future laws or by any court of competent jurisdiction, it shall in no way cause the invalidation, cancellation or unenforceability of any other provision of these terms and conditions. The illegal, invalid or unenforceable provision or part thereof shall be modified to the minimum extent necessary to make such provision legal, valid or enforceable, as the case may be.

Governing law and jurisdiction

All legal relations between User and BCV shall be governed by and construed in accordance with the laws of Switzerland.

The place of performance, the exclusive place of jurisdiction for any type of proceedings and the place of proceedings for debt or bankruptcy against any User of the Site not domiciled or resident in Switzerland shall be the place of the Bank's head office in Lausanne, subject to compulsory jurisdiction provided by applicable Swiss legislation and international conventions ratified by Switzerland. The Bank shall nonetheless be entitled to take legal action at the User's place of domicile or residence or before any other competent court.

Amendment of terms and conditions

BCV reserves the right to change these terms and conditions at any time. Such changes are shown on the Site. By viewing and using the Site, you expressly agree to all such new terms and conditions.