OWNER AND PUBLISHER
East West Direkt a brand name of EAST-WEST UNITED BANK S.A. in Luxembourg
East-West United Bank, hereinafter referred to as the “Bank” is:
- A limited company (société anonyme) under Luxembourg law
- Registered at the following address: 10 Boulevard joseph II, L-1840 Luxembourg
- Registered with the Luxembourg Companies Register under number B12.049
- Registered with the Luxembourg Administration de l'enregistrement et des domaines under the VAT number LU 12023787
- An authorised credit institution established in Luxembourg and supervised by the Commission de Surveillance du Secteur Financier (CSSF)
For purposes of the present Legal Notice, the terms below are defined as follows:
“User”: any person accessing or using the Website and/or any owner of a computer used to connect to and/or navigate on the Website, regardless of whether or not they are a client of the Bank.
The Website and its access or use are subject to Luxembourg law and regulations and to the terms and conditions set out hereinafter. In the event of any dispute, the courts of Luxembourg shall be competent. By continuing to browse on the Website, you demonstrate your acceptance of these contractual terms and conditions.
TERMS AND CONDITIONS FOR ACCESSING AND USING THE WEBSITE
Insofar as the confidentiality and integrity of information provided on the Internet cannot be guaranteed, the User is informed that they are responsible for taking all appropriate measures to protect their messages or data and/or tools.
PROFESSIONAL SECRECY OBLIGATIONS
Obligation of professional secrecy prohibits the Bank from acting as intermediary for the gathering and forwarding of such information to third parties except on the formal instructions of its clients or where it is under a legal obligation to pass on or collect such information.
The personal data gathered may be processed by related financial sector professionals as defined by the amended law of 5 April 1993 on the financial sector, in the context of subcontracting agreements concluded between the Bank and the said financial professionals.
The Bank may process (which includes, storage, amendment, communication, use, etc.) personal data collected from the User (such as IP address, name, address, profession etc.) to grant access to some pages on the Website, for marketing activities, to create statistics and improve products and services, for fraud prevention and detection purposes, and to comply with statutory and regulatory obligations imposed on the Bank. Refusal to provide such personal data to the Bank and prohibiting the processing of such data, although permitted under the regulations, could result in it being impossible to enter into business relations or to continue existing relations.
The Bank stores on electronic storage media or in any other form only such data as are necessary for the execution of its services.
To the extent permitted by the User or required or authorised by applicable law and regulations, the User’s data may be communicated to third parties (such as other entities belonging to the same group of companies as the Bank, service providers or business partners to the extent necessary for the purposes referred to above) as well as to local supervisory or enforcement authorities in compliance with applicable laws. These data recipients may be located outside of the European Economic Area, in countries which may not provide for a similar level of protection for personal data as is available within the EEA. The Bank will implement appropriate organisational and technical safeguards to protect the personal data for which it acts as data controller at all times.
The data will be kept for the duration necessary for the achievement of the purposes referred above and in any case no longer than permitted by applicable law.
The User has the right to access the information concerning him or her at reasonable intervals free of charge and the right to amend the details, provided that he or she can provide proof of identity in accordance with the legislation governing the protection of personal data. These rights may be executed directly on the by contacting the Bank in writing.
The User may object to the processing of data for marketing purposes at any time by contacting the Bank in writing.
The Bank may place cookies on the User’s computing devices which a User uses to access the Website for the following purposes:
- To keep track of User specified preferences.
- To conduct research and diagnostics to improve the Bank's content, products and services.
- To prevent fraudulent activity and improve security.
Should the user not wish to have cookies placed on his computing devices, he should adjust the browser settings accordingly. Most browsers will provide information on how to prevent the browser from accepting new cookies, how to be notified when a new cookie is placed and how to disable cookies altogether. Additionally, similar data used by browser add-ons, such as Flash cookies may be disabled or deleted, by changing the add-on's settings or visiting the website of its manufacturer.
The information provided on the Website does not constitute an offer or a solicitation of an offer. It is the User’s responsibility to ensure that entering into these products or services is permitted under national legislation. The offer of the products presented on the Website is non-binding. Access to these products is subject to the condition that the User does not infringe upon any regulations within the User’s jurisdiction.
The Bank continuously checks and updates the information on the Website. Despite its due care and attention, the information may have changed since its publication. The Bank cannot therefore accept any liability or guarantee that the information provided is up-to-date, accurate and complete. This also applies to all other sites to which reference is made via hyperlinks. The Bank is not responsible for the content of sites that can be reached via hyperlinks. In addition, the Bank reserves the right to make changes or additions to the information provided.
RESTRICTIONS ON ACCESS TO PRODUCTS AND SERVICES
The products and services mentioned on the Website may not be approved for sale or made available to residents or nationals of certain countries. In particular, products and services may be reserved for certain clients only or may be subject to restrictions regarding certain persons or in certain countries. In any case, the User should ensure that they are legally authorised to subscribe to the products or services presented on the Website, and should refrain from subscribing to any such products or services where restrictions apply. The User is informed that the Bank will not provide products and services to any persons who are not legally authorised to subscribe to them.
The User acknowledges that the Website and its contents (in particular, the information, data, sounds, images, texts, drawings, graphics, distinctive signs, logos, brands, iconographic and photographic representations, downloadable documents, etc.) are the property of the Bank and/or third parties who have authorized the Bank to display the content. Only visualisation of the Website and printing of extracts for private use are authorised. The reproduction, representation or distribution, for any purpose other than private use, of all or some of the contents of the Website, on any medium or by any means, is forbidden, except with the prior written consent of the Bank. Any failure to comply therein may engage the civil and criminal liability of the counterfeiter.
The User accepts responsibility for any access to the Website or any use made thereof. The Bank will not be liable for direct or indirect losses that may arise out of the use of the Website and in connection with the interruption, stoppage or malfunctioning of the Website especially as may arise out of stoppages for maintenance purposes or in order to update the Bank’s IT systems, technical breakdowns or network overloads, cuts in telephone communications, errors, negligence or fault on the part of Internet service suppliers or third parties or due to a virus spread on the Internet.
The Bank further declines any liability in relation to the direct or indirect consequences:
- of problems relating to the incompatibility of the Website with the User's IT equipment, its configuration, its Internet connection or in case of incapacity of the User's equipment to retrieve the information available on the Website in an appropriate manner and/or to transmit the information relating to the User;
- of any damages caused to the User's hardware or software configuration, as well as of any loss of data resulting from the use of the Website;
- of the use of electronic communication means (including but not limited to e-mail) for purposes of communication between the Bank and the User which would contain computer viruses or be intercepted or altered by third parties;
- any mistake in the information available on the Website which was provided by third party data providers; and
- any indirect losses or damages which may be suffered by the User, such as loss of profits, loss of anticipated savings, or loss of business opportunity.
The Bank reserves the right to modify the Website, to modify or delete any information available on the Website or to cease its publication at any time.
For the avoidance of doubt, nothing in this clause shall limit Bank’s liability for gross negligence or wilful default.
The Bank reserves the right to change the information provided on or via the Website, including the terms of this Legal Notice, at any time and without notice. The User is deemed to be aware of the latest version of this warning each time they connect to the Website. The continued use of the Website by the User should be considered as an acceptance of the amended Legal Notice.