Terms of use of the website www.prestaflex.ch

(Updated on June 12, 2023)

By accessing the website www.prestaflex.ch, I declare that I have understood and accepted the following terms of use, in particular with regard to the processing of my personal data, in accordance with what is provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

1. Scope

These general terms of use apply to the visit to the website www.prestaflex.ch. Their purpose is in particular the processing of my personal data (hereinafter referred to as “data”) which may be collected when I access the website and which I complete in the sections in question. It does not matter whether I have shared them with Prestaflex Services Sàrl by filling out paper or electronic forms, by phone, by social media communication channels or by any other means of communication (email, WhatsApp, Facebook, Twitter, LinkedIn etc.); and I take note that Prestaflex Services Sàrl does not send any document by these means and declines any responsibility for the confidentiality of such communication.

In this regard, I am expressly made aware of the following points. By accessing the website www.prestaflex.ch, I declare that I understand them and accept them in their entirety.

2. Data controller

The data controller is Prestaflex Services Sàrl, Rue de la Banque 4, 1700 Fribourg. Prestaflex Services Sàrl has been registered with the Commercial Register of the Canton of Fribourg since 10.05.2013 (IDE: CHE-113.592.711).

The data protection officer is the Federal Data Protection and Transparency Officer, Feldeggweg 1, 3003 Bern.

3. Purpose of processing

Prestaflex Services Sàrl processes my data in order to be able to provide me with the information and services I have requested, to improve its website, its products and its services. It also uses the data to be able to contact me, in particular to be able to offer me new products and / or services.

I take note and accept the fact that telephone conversations with Prestaflex Services Sàrl may be recorded, for example for quality control and training purposes, and that there are measures intended for the security of buildings and equipment (in particular video surveillance of buildings and of access to offices).

I also note that I could receive messages (e.g. newsletters, advertisements) on the phone numbers or addresses that I have communicated to Prestaflex Services Sàrl. I am therefore reminded that I should not communicate my professional details to Prestaflex Services Sàrl.

4. Data transmission

I acknowledge that the financing institution may process my data for the purpose of processing my application and for risk assessment and marketing purposes (data evaluation and profiling). In addition, other products and services, including those of the financing institution’s group companies and other third parties, may be offered to me by mail or telephone. I may revoke this processing of my data for marketing purposes at any time. By providing my e-mail address, I also agree that the financing institution may send me the above-mentioned offers by e-mail. In the context of open e-mail communication, I expressly accept the risk that my data may be intercepted or disclosed by third parties during transmission, or that unauthorized third parties may deduce from it the existence of a contractual relationship between the financing institution and myself and that, as a result, the protection of confidential information or bank-client confidentiality is not guaranteed. I may revoke my consent to the electronic sending of advertising messages at any time.

4.1 Financial institutions
I acknowledge and agree that Cashflex MultiCredit Sàrl may forward my application for consideration to Cembra Money Bank SA, Bank-now SA, CG24 or other partner banks or financial institutions (hereinafter individually referred to as the “financial institution”) by Internet, e-mail or fax/mail. I also acknowledge and confirm the following:

I authorize the financial institutions and Cashflex MultICredit Sàrl to process and analyze my data for marketing and risk management purposes, and to draw up profiles in this respect. I also authorize the financial institutions and Cashflex MultiCredit Sàrl to offer me other products and services (insurance services with Axa, Swica, Gestifin, etc.), including those of its group companies or business network (PrestaFlex, etc.). I may revoke my consent to the processing of my data for marketing or information purposes at any time.

4.2 Collaboration with intermediaries
I acknowledge that, in the case of applications submitted via an intermediary, the financing institution may exchange the necessary information with this intermediary in connection with the examination of the application/creditworthiness and the conclusion and execution of the contract (e.g. parameters and outcome of the application examination, submission of contractual documents, information on the status of the contract and payment behavior as well as the balance) and hereby release the financing institution from bank-client confidentiality in this connection and to the extent necessary.

4.3 Cooperation with service providers (outsourcing)
I acknowledge that the financial institution may outsource services to third parties (“service providers”), in particular in the areas of business process processing, IT security and systems control, market research and development, calculation of business-related credit and market risks, and administration of contractual relationships (e.g. application and contract processing, collection, customer communication). The financial institution provides these service providers with the data they need to fulfill their contractual obligations, and may also transmit this data abroad for this purpose. Service providers, their employees and subcontractors are contractually bound to maintain confidentiality. Service providers are generally located in Switzerland or within the EU/EEA, but may in principle be established anywhere in the world. If personal data is transferred to a country which, from Switzerland’s point of view, does not have an adequate level of data protection, the financing institution takes appropriate security measures to ensure that the data concerned is properly protected (in particular by applying standard data protection clauses).
I acknowledge that communication between the financing institution and myself or the intermediary may take place electronically. The intermediary and the financing institution cannot guarantee the confidentiality of data transmitted via the Internet. Third parties may therefore deduce the existence or imminent existence of a business relationship (possibly a banking relationship) between me and the financing institution.
For further information on the processing of personal data by the financial institution, please consult the data protection declaration on the financial institution’s website or contact the financial institution.

5. Authorization to request credit information

I confirm that all the information provided in my application is complete, up-to-date and accurate, and I authorize the financing institution to obtain information about me from third parties, in particular from banks, the Central Office for Credit Information (ZEK), authorities (e.g. debt-collection agencies, land registry offices, tax authorities, residents’ registration offices, child and adult protection authorities), tax authorities, etc., for the purpose of examining my application and carrying out the contractual relationship. This includes banks, the central credit information office (ZEK), authorities (e.g. debt enforcement agencies, land registry offices, tax authorities, residents’ registration offices, child and adult protection authorities), credit agencies, credit intermediaries, employers, companies belonging to the financing institution’s group and, where applicable, the consumer credit information center (IKO). For the aforementioned purposes, I hereby release these organizations from bank-client confidentiality, postal secrecy, official secrecy and business secrecy. I acknowledge that the financing institution is obliged, where applicable, to report any consumer leasing or consumer credit to be granted or granted to the Consumer Credit Information Center (IKO). I also authorize the financing institution to report this application to the ZEK and, in the event of corresponding legal obligations, to other bodies. In particular, the type, amount and terms of credit or financing, as well as the personal details of the lessee(s) and any qualified arrears or misuse of funds, will be reported. I acknowledge that the ZEK has the right to provide its members with information on the data submitted. The financing institution may refuse the application without giving reasons.
Request for a financial diagnosis or credit scoring/rating only at the express request of the customer. This includes in particular: ordering and commenting on the ZEK/IKO extract and the CRIF extract, drawing up a financial budget, advising on negative codes and lawsuits, etc. This service will be invoiced separately at a flat rate of CHF 250 per person (approx. 2 hours’ work) and in no way concerns the processing or preparation of a personal credit application, which is free of charge and without obligation.

6. Partner details

If I have provided information about my spouse or registered partner (hereinafter “the partner”) in the application, I confirm that (i) I have informed my partner of this application, (ii) the financing institution can verify the above information by contacting my partner directly, and (iii) my partner agrees that the financing institution may obtain information about him/her as described above (including by sending requests for information to ZEK).

7. Duration of data storage

Prestaflex Services Sàrl will keep my data within the framework of our contractual relationship and for the time corresponding to the purpose in accordance with clause 3. As soon as it turns out that a contractual relationship with Prestaflex Services Sàrl is excluded, the data will be deleted. In all cases, the data will be stored for a maximum of 10 years after the termination of all relations with Prestaflex Services Sàrl.

8. My rights

I have the right to request access to my personal data, to correct or delete the data, and to restrict the processing. I also have the right to object to the processing of my data and the right to data portability.

I have the right to withdraw my consent to the processing of my personal data, in whole or in part, at any time, particularly if it has been given for marketing or information purposes.

However, I acknowledge that Prestaflex Services Sàrl needs my data to fulfill its contractual obligations towards me and that exercising my rights may make it difficult or even impossible for Prestaflex Services Sàrl to perform its task. In this case, Cashflex MultriCredit Sàrl may terminate the contractual relationship.

I can directly contact Prestaflex Services Sàrl (info@prestaflex.ch) if I wish to receive information about my data, and in particular, if I wish to request the data to be corrected or deleted.

For the rest, my rights are described in the Federal Data Protection Act of 19 June 1992 (LPD; RS 235.1).

9. Exclusion of liability

I take note that Prestaflex Services Sàrl expressly disclaims any responsibility (also in the event of negligence) for damages (direct or indirect) and for losses of any kind whatsoever resulting from access to the website, from the use of information and notices available on the website, from the impossibility of accessing or using the information or notices available on the website or from the processing of my data.

10. Exclusion of warranty

Prestaflex Services Sàrl ensures that the information on the website www.prestaflex.ch is accurate at the time of its publication. However, neither Cashflex MultriCredit Sàrl nor its partners can guarantee the accuracy, reliability, timeliness and completeness of the information at all times.

Prestaflex Services Sàrl expressly disclaims all responsibility and gives no guarantee as to the information found on the website www.prestaflex.ch and to the absence of errors or viruses on it.

11. Legal information

The information published on this website does not constitute an invitation, offer or recommendation to buy or sell a product, to carry out a transaction or to proceed with any other act of a legal nature.

All parts of this website belong exclusively and fully to Prestaflex Services Sàrl, especially as far as copyrights and other intellectual property rights are concerned. Any reproduction, transmission, modification, creation of links or use of this website requires the prior written consent of Prestaflex Services Sàrl. This website is not intended for persons subject to a jurisdiction that prohibits the publication or access to the website of Prestaflex Services Sàrl. Access is not permitted to persons to whom such restrictions apply. The www.prestaflex.ch website is intended only and exclusively for natural and legal persons domiciled and working in Switzerland or in the Principality of Liechtenstein.

Please note that payment histories (particularly those that concern uncontested demands that remain unpaid after the due date) and any potential debt enforcement information and address details will be passed on to CRIF AG in Zurich, for their legitimate use as a business information agency. CRIF will use the information to check your identity and credit standing, and will disclose it to authorised third parties. The payment histories may be analysed by CRIF on the basis of mathematical/statistical calculation methods to facilitate automated decision-making processes, and particularly to evaluate a person’s credit standing. Further information is available at: www.mycrifdata.ch/#/dsg

Please be aware that the application/order details you have submitted will be passed on to CRIF AG in Zurich to check your identity/credit standing. Further information is available at: www.mycrifdata.ch/#/dsg

Within the framework of PrestaFlex activities, in case of agreement with each client, we charge a processing fee (analyses, economic research, studies, creditworthiness analysis, financial report…). ). In addition to the dossier fee, a success fee is also charged, i.e. a percentage of the amount of financing granted and paid, payable only once. The application fees as well as the success fees are negotiable with the consultant in charge of the file, the amounts will be defined at the time of the signature of the brokerage mandate.

12. Modification of these terms of use

Prestaflex Services GmbH may unilaterally modify or supplement these terms of use at any time without prior notice. I accept and take note that it is the current version of the terms of use which is published on the website which is authentic.

In view of the above, I acknowledge that Prestaflex Services Sàrl invites me to regularly consult the terms of use.

13. Language

In the event of a contradiction between the different language versions of these terms of use, the French version prevails.

14. Place of jurisdiction and applicable law

For all disputes between the users of this website and Prestaflex Services Sàrl that arise from the use or visit of the website, or for any dispute relating to data processing, the courts of the city of Fribourg (CH) have exclusive jurisdiction. Prestaflex Services Sàrl is free to initiate proceedings also at the user’s domicile / seat. Swiss law applies.

15. Over-indebtedness

I note that the granting of credit is prohibited if it causes over-indebtedness (art. 3 LCD).

16. Confirmation

I hereby confirm that I have read the legal information in full and declare that I accept it in all respects.