(MY HYPOTHECA AG, hereinafter also referred to as MYH)
These Terms of Use apply to all visitors to the website www.my-hypotheca.ch and all other related websites (landing pages etc.), digital services (e.g. social media) or applications operated by MY HYPOTHECA AG (hereinafter “MYH”) and affiliated companies on which a link to these Terms of Use appears (collectively referred to as the “MYH Website”). These Terms of Use and any other terms and conditions that appear on the page from which you have been redirected to these Terms of Use govern your use of the MYH Website. By accessing the MYH Website, you agree to be legally bound by the current Terms of Use set forth herein.
These Terms of Use and all information and materials on the MYH Website are subject to change at any time and from time to time without notice. The MYH Website is operated by MYH. MYH may add features to or remove features from the MYH Website at any time and from time to time in its sole discretion. If you continue to access the MYH Website after these Terms of Use have been amended, you automatically agree to the amended Terms of Use.
If you do not agree with these terms of use, you may not use the MYH website.
MYH website and mortgages are only available to Swiss residents
The MYH Website and all information and functions contained on the MYH Website are intended exclusively for persons resident or domiciled in Switzerland. Mortgages (as defined below) are only available to persons resident or domiciled in Switzerland.
2. Information on the MYH website
General information
All information on the MYH website, including the MYH landing pages, is published for information purposes only and for your non-commercial, personal use and, in particular, should not be construed as an offer or recommendation to enter into a mortgage or any other legal act of any kind.
Unless expressly stated otherwise in writing, all information on prices and interest rates on the MYH website is indicative only and is not binding on MYH. No warranty or liability, express or implied, is made as to the accuracy, completeness or reliability of the information on the MYH Website. The information on the MYH website does not release the recipients from making their own decisions. MYH is under no obligation to update or keep current the information contained herein or to remove outdated information from the MYH website or to expressly mark it as outdated.
Interest rates published on the MYH website
MYH publishes on the MYH website examples of interest rates for mortgages calculated on the basis of a sample case. The interest rates on the MYH website and landing pages and MYH sub-pages are updated from time to time and are for information purposes only and in no way constitute an offer. All information on the MYH website and landing page, including the sample case, as well as the MYH sub-page, is subject to change at any time without notice and makes no reference to the specific financial situation or particular needs of any specific recipient.
You can enter your individual financing parameters on the MYH website for individual updated interest rates on mortgages for owner-occupied homes. You will be asked to provide certain details about your financial situation and the property for which you wish to request a MYH quote. The interest rates displayed to you on the MYH website after you have entered your individual financing parameters are for information purposes only and do not constitute an offer in any way. A binding financing offer will be expressly designated as such in writing and may be made to you after consultation with the MYH Client Advisor and on the basis of further terms and conditions, such as information that your MYH Client Advisor may request from you.
To request a non-binding interest rate indication for mortgages, you can enter the specific financing parameters on the MYH website. You can submit these details to MYH via the MYH website so that an MYH customer advisor can contact you regarding a non-binding interest rate indication. Binding financing offers are expressly designated as such in writing and may be made to you after consultation with the MYH customer advisor and on the basis of further conditions, such as information that your MYH customer advisor may request from you.
3. no guarantee
Your use of the MYH Website is at your own risk. The MYH Website, together with all content, information and materials, is provided “as is” and “as available” without any representations or warranties of any kind. If you access, download or receive any materials, information or content through the use of the MYH Website, you do so at your own risk. MYH is not responsible for any damage to your computer systems or loss of data that results from the download of such materials. MYH applies the usual security standards. However, there is a residual risk that unauthorized third parties may gain access to data transmitted via the MYH website, in particular through malware on a computer. MYH expressly disclaims any representations or warranties of any kind, whether express or implied, with respect to the MYH Website and all materials, information, content and functions contained therein, including but not limited to warranties of copyright and other rights, merchantability or fitness for a particular purpose. Without limiting the foregoing, MYH does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the MYH Website or the information or results that may be obtained from the use of the MYH Website. MYH also does not guarantee that the MYH website is free of viruses or errors.
4. no liability
To the extent permitted by law, neither MYH nor any of its affiliates or directors, employees, contractors, service providers or agents shall be liable in any way to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or tort, arising out of or in connection with the use of all or any part of the MYH website or any links to third party websites. This also includes liability based on negligence or any other legal grounds.
You are solely responsible for acquiring and maintaining electronic devices and equipment that enable you to access and use the MYH Website and for taking reasonable and appropriate data security measures in accordance with good industry practice to protect against fraud or cyber-attacks at all times (e.g. by using the latest browser versions and installing recommended security patches and up-to-date anti-virus programs and firewalls). MYH expressly disclaims any liability for tampering with a user’s computer system by unauthorized persons and for losses or liabilities incurred by a user due to viruses or hacker attacks.
In no event shall MYH, its affiliates or officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages arising out of the use of the MYH website, its content or the inability to use the MYH website.
This disclaimer applies to all damages or injuries, including those caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, whether for breach of contract, tort, negligence or any other cause of action.
5. links to third party websites
The MYH website may contain third-party content or links to third-party websites. These contents and links are provided solely for your convenience and for information purposes. MYH has no control over the content or websites of third parties, assumes no responsibility or guarantee for such content or websites and makes no assurances in this regard. This includes, but is not limited to, the accuracy, content, quality and timeliness of such websites. MYH is not liable for the content or websites of third parties or for websites that link to the MYH website or display it in frames.
6. social bookmarks
The MYH website may contain social bookmarks. These can be recognized by the corresponding buttons. Users of certain social media platforms can use social bookmarks to post links from selected MYH pages on their profile in order to mark them or to share the corresponding page with their contacts. When you use social bookmarks, you send recognition data to the relevant social media platform. Comments and activities resulting from the use of social bookmarks are not reviewed, approved or monitored by MYH and MYH accepts no responsibility or liability for them. Individuals who share MYH communications via Social Bookmarks are not authorized to speak for or represent MYH. They publish their own views and opinions, which do not necessarily reflect those of MYH. Furthermore, the provisions in these Terms of Use regarding links also apply to Social Bookmarks.
7. Intellectual property rights
All rights, title and interest (including copyrights, trademarks, patents and other intellectual property rights and other rights) in, to and arising from all information and content (including all text, data, graphics and logos) on the MYH Website shall remain with MYH or the respective rights holder. Individual pages and/or parts of the MYH Website may be printed out exclusively for private or internal use and only to the extent that the respective printout contains all relevant references to copyrights and other proprietary rights. Among other things, users are prohibited from modifying, copying, transmitting, distributing, displaying, performing, reproducing, publishing, licensing, using as a frame in a web page, transferring, creating derivative works from or otherwise using for commercial or public purposes any information, text, graphics, images, video clips, directories, databases, lists or software originating from the MYH Website, in whole or in part, without the prior written permission of MYH. Without the prior written permission of MYH, it is prohibited to systematically retrieve content from the MYH Website (whether by robots, spiders, automated or manual means) for the purpose of compiling, directly or indirectly, a collection or database or directory or linking to the MYH Website.
The MYH symbol is a registered or unregistered trademark of MYH. Other marks may be trademarks of their respective owners. Except as described above, the use of MYH trademarks for any purpose whatsoever is prohibited without the prior written permission of MYH.
8. privacy policy
In connection with our tools (mortgage comparison, calculator, etc.) on the website, we collect and process personal data such as: First name, last name, telephone number, mortgage due date and other data that you provide to us. We collect and process your “personal” data in order to provide you with information and so that your customer advisor can contact you about your mortgage. We will only store your personal data for as long as necessary to fulfill the above purpose or to comply with the legal requirements of the regulatory authorities or MYH’s internal policies.
MYH’s Privacy Policy may be amended from time to time and explains how MYH collects and uses personal information. The Privacy Policy forms part of these Terms of Use and is incorporated herein by this reference.
9. Severability clause
If any provision of these Terms of Use is held by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be deemed not to be part of this disclaimer. However, this shall not affect the validity, legality and enforceability of the remaining provisions of these Terms of Use.
10. Contradictory provisions in supplementary conditions
Certain web pages or areas of the MYH Website may contain additional terms, conditions, disclosures or disclaimers (collectively, “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the provisions of the Additional Terms shall apply to the respective web pages or areas.
1. General information
This privacy policy explains how, for what purpose and where we process personal data in connection with our range of services and our websites. This declaration is not exhaustive; other data protection declarations or general terms and conditions, conditions of participation and similar documents may govern specific matters.
If you provide us with personal data of other persons, please ensure that these persons are aware of this data protection declaration and only provide us with their personal data if you are permitted to do so and if this personal data is correct. You are also obliged to ensure that the Data Protection Act is complied with in relation to these persons.
We process your personal data responsibly, in accordance with the applicable legal provisions, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP) and in accordance with this Privacy Policy.
You can unsubscribe from notifications and communications such as newsletters at any time. This does not apply to notifications and communications that are absolutely necessary for our services. By unsubscribing, you can object in particular to the statistical recording of usage for measuring success and reach.
By using this website or the platforms and apps provided by us, you consent to the collection, processing and use of data in accordance with the following provisions. This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, is collected on a voluntary basis as far as possible.
2. Contact addresses
The responsibility for the processing of personal data that we operate here lies with:
MY HYPOTHECA AG, Förrlibuckstrasse 190, 8005 Zurich, Tel. +41 244 86 89, www.my-hypotheca.ch
and the respective company affiliated with MYH. If you have any questions or would like to exercise your rights as a data subject under data protection law (Section 10), please contact us.
3 Processing of personal data
3.1 Terms
Personal data refers to all information relating to an identified or identifiable person. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.
3.2 Type, scope and purpose
We primarily process personal data in order to be able to provide our range of services in a permanent, user-friendly, secure and reliable manner, to inform you about them and to fulfill our contractual and legal obligations. We also process your personal data for the following purposes in particular:
Answering your inquiries and communicating with you;
Contacting us about your mortgage or intention to take out a mortgage or pension
Refinancing a mortgage
Provision, analysis and optimization of our website and social media pages;
Marketing and advertising as well as information about new developments at MYH and new services.
In this context, we process in particular information that a person voluntarily transmits to us when contacting us – for example by post, email, contact form, social media or telephone – or when registering for a user account on our website or websites provided by us. We may store such data in an address book, in a customer relationship management system (CRM system) or with comparable tools, for example.
We also process personal data that we receive from third parties. This regularly includes personal data that we receive in correspondence, in meetings or in other exchanges with customers, partners, suppliers, etc. We may also process personal data that we obtain from publicly accessible sources or collect when providing our services, if and to the extent that such processing is permitted for legal reasons.
We process personal data for the duration required for the respective purpose(s) or by law. Personal data that no longer needs to be processed is anonymized or deleted. Persons whose data we process have a fundamental right to erasure. Personal data that is no longer required will be deleted.
Personal data from applications are only processed if they are necessary for the assessment of suitability for an employment relationship or for the subsequent execution of an employment contract.
3.3 Place of processing
We generally process and store your personal data in Switzerland.
3.4 Processing and disclosure of personal data by / to third parties
We may have personal data processed by commissioned third parties or process it jointly with third parties or with the help of third parties or transmit it to third parties. We also take appropriate measures to ensure adequate data protection for such third parties. The third parties are in particular
other Group companies;
external service providers; suppliers and business partners;
other customers;
(if applicable) authorities and courts.
Such third parties are generally located in Switzerland and the European Economic Area (EEA), but may also be located in other countries and territories on earth and elsewhere in the universe, provided that an adequate level of data protection exists in the recipient country or if adequate data protection is guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through appropriate certification (see Data disclosure abroad, Federal Data Protection and Information Commissioner [FDPIC]). Exceptionally, such a third party may be located in a country without adequate data protection, provided that the requirements under data protection law, such as the express consent of the data subject, are met.
4 Data security
We take appropriate and suitable technical and organizational measures to ensure data protection and, in particular, data security. In particular, we implement access controls, access controls and procedures to regularly review, assess and evaluate the effectiveness of the measures in accordance with our risk assessment.
Our online offering is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
5 Use of the website
5.1 In General
You can find out about our range of services on this website without telling us who you are. As with any connection to a web server, the server on which we have the website made available automatically logs and stores certain technical data and stores it for a short period of time. This includes the IP address and operating system of your device, the date and time of use and the type of browser you use to access the website.
5.2 Cookies
We typically use “cookies”, “tags” and similar technologies on our websites and apps to identify your browser or device. A cookie is a text file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website or use our app. This enables us to recognize you when you return to this website or use our app, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website (session cookies), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (permanent cookies). However, you can set your browser so that it rejects cookies, only stores them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin), so that we can better understand how you use our offers and content and so that we can show you offers and advertising tailored to you (which can also happen on websites of other companies; however, they will not find out from us who you are, if we know this at all, because they only see that the same user is on their website who is on our website. We use permanent cookies to save your user settings (e.g. language, autologin) so that we can better understand how you use our offers and content and so that we can show you offers and advertising tailored to you (which can also happen on websites of other companies; however, we do not tell them who you are, if we know this at all, because they only see that the same user is on their website who was also on a certain page on our website. Some of the cookies are set by us, some are also set by contractual partners with whom we work. If you block cookies, certain functionalities (such as language selection) may no longer work.
By using our websites and platforms, apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these technologies. If you do not want this, you must set your browser or email program accordingly or uninstall the app if this cannot be adjusted via the settings.
5.3 Social Plugins
The social plugins used on the website allow you to recommend and share our content on social networks. You can recognize the social plugins on the website by the logos of the respective social network. When you interact with the social plugin, data is sent to the respective provider of the social network.
5.4 Server log files
We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).
5.5 Tracking pixel
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.
5.6 Contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions.
6 Notifications and messages
We send notifications and communications such as newsletters by e-mail and via other communication channels such as instant messaging.
Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis.
We send notifications and messages via third-party services or with the help of service providers. Cookies may also be used for this purpose. We guarantee appropriate data protection.
We use in particular:
ClickDimensions: Platform for email marketing and other CRM-based marketing; Provider: ClickDimensions LLC (USA); Data protection information: Privacy policy.
7 Success and reach measurement
We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our online offering and the effect of third-party links to our website. We can also, for example, test and compare how different versions of our online offering or parts of our online offering are used (“A/B test” method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen particularly popular content or make improvements to our online offering.
When using services and programs to measure success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always truncated in order to comply with the principle of data minimization and to improve the data protection of visitors to our website (“IP masking”) through the corresponding pseudonymization.
When using services and programs to measure success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are only created in pseudonymized form. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user may be able to assign the use of our online offering to your profile with the respective service, whereby you usually have to give your prior consent to this assignment.
Google Analytics: Performance and reach measurement; Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; data protection information: Measurement also across different browsers and devices (cross-device tracking) and with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA in exceptional cases, “Principles of data protection and security”, Privacy Policy, “Guide to data protection in Google products” (including Google Analytics), “How we use data from websites or apps on or in which our services are used” (information from Google), “How Google uses cookies”, “Browser add-on to deactivate Google Analytics”, “Personalized advertising” (activation / deactivation / settings).
Google Tag Manager: Integration and management of services for measuring success and reach as well as other services from Google and third parties; provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; information on data protection can be found in connection with the integrated and managed services.
This website may use Google Conversion Tracking. In this case, the following applies: If you have reached our website via an ad placed by Google, Google Ads will set a cookie on your computer. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked via the websites of Ads customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this – for example, by using a browser setting that generally deactivates the automatic setting of cookies or by setting your browser to block cookies from the domain googleleadservices.com.
Please note that you may not delete the opt-out cookies as long as you do not wish any measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
This website may use the remarketing function of Google Inc. This function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called “cookie” is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages, the visitor may be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google’s remarketing function.
According to its own information, Google does not collect any personal data during this process. However, if you do not wish to use Google’s remarketing function, you can deactivate it by making the appropriate settings here. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions.
8 Social Media
On our social media pages, you will find posts about current developments at MYH and our range of services. The social media providers collect and analyze usage data such as the number of visits and demographic information about visitors to our company pages.
We receive evaluations from the social media providers based on this data. These only contain aggregated or otherwise sufficiently anonymized data. Only the respective provider can identify you based on the usage data collected. Therefore, please note the data protection information of the respective provider.
9 Third party services
We use third-party services to provide our website in a permanent, user-friendly, secure and reliable manner and to embed content in our website. Such services – for example hosting and storage services, video services and payment services – require your Internet Protocol (IP) address, as otherwise they cannot transmit the corresponding content. Such services may be located outside Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.
For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer and from other sources – including cookies, log files and tracking pixels – in aggregated, anonymized or pseudonymized form.
Our website contains links to third-party websites. If you follow such links, please note that these websites have their own privacy policies and that we accept no responsibility or liability for these privacy policies or the processing of your personal data by the operators of these websites.
9.1 Configuration options
We use third-party services in order to be able to communicate better with you and other persons such as customers. We also ensure appropriate data protection for such third parties.
In particular, we use:
Microsoft Dynamics 365: Customer Relationship Management (CRM); Service provider: Microsoft Corporation (USA); Data protection information: Privacy policy.
9.2 Card material
We use third-party services to embed maps on our website.
Google Maps including Google Maps Platform: map service; providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; data protection information: “Privacy and Security Principles”, Privacy Policy, “Google Product Privacy Guide” (including Google Maps), “How we use data from websites or apps on or in which our services are used” (information from Google), “How Google uses cookies”, “Personalized advertising” (activation / deactivation / settings).
9.3 Fonts
We use third-party services to embed selected fonts, icons, logos and symbols on our website.
9.4 Advertising
We use the option of displaying targeted advertising for our offering on third parties such as social media platforms and search engines.
With such advertising, we would like to reach in particular people who are interested in our offer or already use our offer (remarketing and targeting). To this end, we may transmit relevant information – including personal data – to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).
Third parties with whom we advertise and where you are logged in as a user may be able to assign the use of our offer to your profile there.
Facebook / Instagram Ads: Social media advertising; Service provider: Facebook Inc (USA) / Facebook Ireland Ltd (Ireland); Data protection information: Remarketing and targeting in particular with the Facebook pixel and Custom Audiences including lookalike audiences, privacy policy, “advertising preferences” (registration as user required).
Google Ads (formerly AdWords): See section 7.
LinkedIn Ads: Social media advertising; provider: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); Data protection information: Remarketing and targeting, in particular with the LinkedIn Insight Tag, “Data protection”, Privacy Policy, Cookie Policy, Objection to personalized advertising.
10 Rights of the data subjects
You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another body (so-called data portability) within the framework of the data protection law applicable to you and insofar as provided for therein. Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or need it to assert claims.
The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your ID, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 2.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11 Final provisions
We may amend and supplement this privacy policy at any time. We will inform you of such amendments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.
The MY HYPOTHECA team of experts is looking forward to an initial discussion