These special terms and conditions govern the use of the Mastercard Debit card issued by Crédit Agricole next bank (Suisse) SA (hereinafter the “Card”) in mobile payment solutions offered by third-party providers.
Crédit Agricole next bank (Suisse) SA (hereinafter referred to as the “Bank”) allows the Cardholder (hereinafter referred to as the “Cardholder”) to register the Card with third-party providers of mobile payment solutions. Therefore, payments can be made via electronic wallets (e-wallets) on mobile devices such as smartphones, smartwatches or connected objects (hereinafter referred to as the “Devices”). The mobile payment solution is offered by the provider of the e-wallet, device and/or digital accounts, according to its own terms and conditions (hereinafter the “Provider”). The Bank does not provide the mobile payment solution, however, it simply enables the Cardholder to register their Card with the Provider's mobile payment solution in accordance with the present special terms and conditions (hereinafter, the “Service Provided”). The Provider may, at its own discretion, change or adjust the features of the mobile payment solution at any time. The Provider may also temporarily or permanently suspend the mobile payment solution at any time. The Bank does not guarantee the features of the mobile payment solution, and the Cardholder may not make any claim against the Bank in this regard.
The Cardholder confirms that they have read, understood and accepted these special terms and conditions when registering their Card with the mobile payment solution.
These special terms and conditions form an integral part of the contract between the Bank and the Cardholder, which includes the terms and conditions of use of the Mastercard Debit card (hereinafter the “MD Terms and Conditions of Use”). In the event of any contradiction between these special terms and conditions and the MD Terms and Conditions of Use, these special terms and conditions shall prevail.
In addition to the diligence obligations stipulated in the MD Terms and Conditions of Use, the Cardholder must, specifically, comply with the following diligence obligations:
They must keep the Device secure and protect it with appropriate measures (e.g. regular updates).
They must protect access to the e-wallet, Device or digital account in accordance with the Provider's requirements (e.g. with a personal password, PIN code or biometric data, such as a fingerprint or facial recognition feature). These forms of identification must be kept secret.
They must not allow third parties to use the mobile payment solution on their Device or via their digital account.
In the event of suspected misuse, loss or theft of the Card or Device, or suspected misuse of the electronic wallet or digital account, the Card, electronic wallet or digital account must be blocked immediately and the Bank must be duly notified thereof. If the physical Card is blocked, this does not affect the digital Card, i.e. the digital Card and/or mobile payment solution must be blocked separately. Furthermore, the measures recommended by the manufacturer of the Device must be followed to locate, remotely block and erase the contents of the Device.
In the event of non-use or change of Device or digital account, the Cardholder must ensure that the mobile payment solution cannot be used by unauthorised third parties (e.g. by deleting the Card registration details).
Only one Card can be registered in your name in the mobile payment solution. Furthermore, there must be compliance with the Provider's terms and conditions. The Bank is not under any obligation to activate the Card for the mobile payment solution and may refuse to register it. The Card can be activated to use the mobile payment solution via various channels, e.g. via an app (known as In-App Provisioning), a text message or a telephone call. In this regard, the Bank may send single-use activation codes as well as information on the activation and use of the mobile payment solution to the mobile phone number known as a result of the banking relationship with the Cardholder. This therefore means that third parties, such as network operators or service providers, may be able to deduce the existence of this banking relationship and have access to certain information. In this regard, the Cardholder releases the Bank from its obligations with regard to banking and professional confidentiality.
Furthermore, by registering their Card with the mobile payment solution, the Cardholder accepts that the Provider (as well as its affiliates and subcontractors) is aware of the banking relationship that the Cardholder has with the Bank and that it has access to certain information. In this regard, the Cardholder releases the Bank from its obligations with regard to banking and professional confidentiality.
Transactions are authorised in accordance with the Provider's guidelines, which may, for example, involve entering a PIN code, using biometric data (such as a fingerprint or facial recognition) or simply using the Device or digital account. The Bank is authorised to debit all transactions made using the mobile payment solution to the Cardholder's bank account associated with the Card.
The Service provided by the Bank is limited exclusively to the possibility of registering the Cardholder's Card with the Provider's mobile payment solution. Within the limits of the law, the Bank is not liable for any damage arising from the use of the mobile payment solution.
In accordance with the Mastercard Debit terms and conditions of use and the data protection policy available on its website, the Bank processes personal data (Card number, transaction ID and description, etc.) for the purposes of fulfilling the contract, legal obligations and pursuing its legitimate interests. This personal data may be transferred to international card organisations, authorised third parties and the Provider in Switzerland or abroad.
In the use of mobile payment services, the Bank and the Provider are independent and each one is responsible for its own processing of personal data. The Provider collects personal data in order to offer the mobile payment solution (e.g. information on Cardholders and activated Cards, as well as transaction data). The Cardholder expressly acknowledges and accepts that the Provider shall process this data for its own purposes, according to its terms and conditions and its data processing/privacy policy, either in Switzerland or abroad. The Cardholder also acknowledges and accepts that it is the sole responsibility of the Provider to process their personal data in accordance with the applicable legal and contractual provisions, and that the Bank has no influence over the Provider's processing of their personal data.
The transmission of data to third parties, card organisations and the Provider may reveal the existence of a banking relationship between the Cardholder and the Bank. In this regard, the Cardholder releases the Bank from its obligations with regard to banking and professional confidentiality.
If you have any questions about how the Bank manages your personal data, or if you wish to exercise your rights, you can contact the relevant department, either by post at: Crédit Agricole next bank (Suisse) SA – Service Marketing Relation Client - Esplanade de Pont Rouge 4-6 – CP 1250, 1211 Geneva 26, Switzerland, or by email at: dpo@ca-nextbank.ch. Any requests in connection with the processing of personal data by third parties, by card organisations or by the Provider must be addressed to them directly.
Any comments or complaints about the mobile payment solution must be addressed to the Provider directly.
The Bank reserves the right to amend these special terms and conditions at any time. Any amendments made will be notified in an appropriate manner, and these will be deemed to have been accepted in the absence of any written objection received by the Bank within 30 days of such notification and, in any event, when the mobile payment solution is used for the first time after the amended version of these special terms and conditions has been communicated.
In addition, the Bank may, at any time and with immediate effect, temporarily or permanently suspend the Service Provided.
All legal relations between the Cardholder and the Bank are governed by Swiss law. Jurisdiction is determined by mandatory legal provisions. Insofar as these do not apply, the exclusive place of jurisdiction for all types of proceedings is Geneva, which is also the place of enforcement and prosecution for Cardholders without a residence or registered office in Switzerland. However, the Bank also has the right to take legal action against the Cardholder before the competent court or the competent authority for the Cardholder's place of residence or registered office, or before any other competent court.