Switzerland legal information

Disclaimer

Important legal information

Anyone accessing this website, the pages contained on it, and the information, tools and material contained or described herein (the "Website"), implicitly agrees to the terms and conditions (the “Terms”) set out below.
The Terms are subject to change without notice, from time to time in EFG’s sole discretion. Therefore, they should be reviewed whenever this Website is accessed. Access to and use of this Website may be restricted or terminated at any time.
The use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

Access subject to local restrictions

The information on this Website is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where (i) the distribution, publication or use of such information would be contrary to the law or regulatory provisions; or (ii) such distribution is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained by EFG.
Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use this Website.
The information on this Website are not directed to US persons.

No offer or recommendation

This document has been prepared solely for information purposes. 
The information contained herein constitutes a marketing communication for a financial service and should not be construed as marketing of a financial instrument, financial research or analysis, an offer, a public offer, an investment advice, a recommendation or solicitation to buy, sell or subscribe to financial instruments and/or to the provision of a financial service. Further, this document is not intended to provide any financial, legal, accounting or tax advice and should not be relied upon in this regard.
The information provided in this document is not the result of a financial research conducted by EFG’s research department. Therefore, the “Directive on the Independence of Financial Research” issued by the Swiss Banking Association does not apply to it. 

Availability, suitability, no advice and need for independent assessment

Financial services or investment instruments mentioned on this Website may not be eligible/suitable for or available to residents of certain countries or certain categories of investors. 
The information on this website does not take into consideration the specific investment objectives, financial situation, tax situation or needs of any investors and is not intended to provide any investment, legal, accounting or tax advice and does not constitute a representation that any investment or financial service is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor, and should not be relied upon in this regard.
Prior to making any investment decision, investors should fully understand the risks and merits, as well as the legal, tax and accounting characteristics and consequences of the transaction, and make their own independent assessment and determination that the investment is consistent with their individual circumstances and financial objectives and that they are able to assume all risks involved. Investors are advised to independently assess with their own professional advisors the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences of any transaction.

Forward-looking statements

This Website may contain statements that constitute "forward looking statements". While these forward-looking statements may represent EFG’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from EFG’s expectations. EFG is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events, or otherwise.

Risk considerations

Investing entails significant risks, including but not limited to a partial or even total loss of the invested capital. The price/value of investments and the income derived from them can fall as well as rise, and past performance should not be taken as an indication or guarantee of future performance. Certain investments are subject to high volatility and may experience sudden and large falls in their value.

No warranty and exclusion of liability

The information and data contained on this Website have been obtained from sources believed to be reliable and EFG has exercised the utmost care in compiling such information. However, no representation or warranty (whether express or implied) may be provided that any information published on this Website is accurate, reliable, up-to-date or complete. In particular, EFG is under no obligation whatsoever to update or remove outdated information or opinions from this Website or to mark them as being outdated. The information and opinions contained on this Website are subject to change at any time without notice. 
To the fullest extent permitted by applicable law, in no event shall EFG, any affiliate, including any director, agent, employee, or sub-contractor, be liable for any direct or indirect loss or damage, including but not limited to loss of profit and incidental or consequential damages, that may be suffered as a result from the use of this Website or the information provided or omitted on this Website.

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All components of this Website are protected by intellectual property laws and are the property of EFG or third parties. Users shall not acquire any rights, including rights in or to any software, trademarks or components of this Website, by downloading or printing any material from this Website. Copyright notices and trademarks may not be changed or removed. Components of this Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of EFG and unless full acknowledgement of the source is provided.
Users are not permitted to create hyperlinks or online links from other websites to this Website without the prior written consent of EFG.

Notification to clients and prospects

1. Introduction

EFG entities are committed to protecting your Personal Data by complying with confidentiality and data protection laws and regulations (including the Regulation (EU) 2016/679 (GDPR), when it is applicable).

In this Privacy Notice ‘we’ refers (as applicable) to each and all entities of EFG Group, as defined below. A list of the EFG Group entities and their contact details can be found here: https://www.efginternational.com/contact.html.

The EU Representative of the non-EEA EFG Group entities is EFG Bank (Luxembourg) S.A. (https://lu.efgbank.com/).

This Privacy Notice applies to our clients and prospective clients (“you”). This Privacy Notice covers Personal Data that is held electronically and also applies to paper-based filing systems.

(a) Explanation of terms used in this Privacy Notice

Personal Data means information about an individual (or a legal personal where the applicable data protection law covers such entities) from which that person can be identified. It does not include data from which personal information has been removed (anonymous data).

Special Category Personal Data means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.

EFG Group means the group of companies composed of EFG International AG and its worldwide affiliates.

2. Types of Personal Data collected

In the course of examining a prospective banking relationship with you and/ or providing services to you, we may process Personal Data and Special Category Personal Data. This typically includes the following information relating to you:

(a) Information received from you, including:

  • Personal contact details such as name, title, addresses, telephone numbers and personal email addresses;
  • Date of birth and place of birth;
  • Gender;
  • Marital status, dependents (name and age) and relations;
  • Copies of identification documents, such as national identity cards or passports;
  • National insurance number, social security number or other national/ tax identifier;
  • Information relating to criminal convictions or offences;
  • Nationality, tax residence and country of residence;
  • Employment details, income and source of wealth;
  • Details of investments, assets owned and liabilities;
  • Knowledge of and experience in investment matters; and
  • Where applicable, personal details of any agent or attorney

(b) Information received from third parties, including:

  • The above categories;
  • Credit references;
  • Publicly available information on business, personal associates and assets owned; and
  • Other information from third-party sources, such as wealth screening services, fraud prevention agencies, intermediaries.

(c) Information specific to our services, including:

  • Account numbers;
  • Balances;
  • Investment holdings;
  • Transaction data;
  • Records of phone calls or video captures;
  • Information automatically recorded when you access our websites, including date and time of the access and IP address;
  • Reports and statements; and
  • Codewords.

(d) Special Category Personal Data

In some cases (where and subject to the requirements formulated in applicable law), special categories of personal data, such as your political opinions or affiliations, health information, racial or ethnic origin, religious or philosophical beliefs.

(e) Other

In relation to the evaluation of your application and/ or the services we provide to you, you may provide us with information about other persons (your additional card holders or account holders, business partners – including other shareholders or beneficial owners, dependents or family members, representatives, agents etc). Before providing us with such information, you should provide a copy of this notice to those persons and acquire, to the extent necessary, their prior consent for the relevant transfer of their data to us and the processing of their data by us.

3. Sources of Personal Data

We collect your Personal Data:

  • Directly from you, e.g. in application forms and through information provided during the onboarding process, including background and reference checks;
  • When it is provided to us by a third party, e.g. public registers, credit reference agencies, fraud prevention agencies, providers of enhanced due diligence reports and financial intermediaries, other EFG Group entities; and
  • When information is created as a result of generally providing services to you.

4. How we use Personal Data

(a) Legal basis for using your Personal Data

We will only use your Personal Data when the law allows us to. Most commonly and depending on the situation in which we will use your Personal Data (see paragraph (b) below), we will use your Personal Data in the following circumstances:

  • Where we need to perform the contract we have entered into with you or in order to take steps at your request prior to entering into any such contract;
  • Where we need to comply with a legal obligation; and
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (e.g. assuring high level standards across EFG Group, ensuring compliance with our policies and procedures);
  • Where it is needed in the public interest;
  • Where necessary for the establishment, exercise and defense of legal claims;
  • Where we need to protect your interests (or someone else’s interests); and
  • In limited circumstances, where you have given your consent.

(b) Situations in which we may use your Personal Data

The situations in which we may process your Personal Data are listed below.

  • To confirm and verify your identity and credit status in relation to your application or account and, where applicable, to conduct an appropriateness assessment;
  • To open, administer and operate your account and manage our relationship with you and to provide products or services to you (including carrying out or facilitating any transactions) as well as to improve the quality of our services;
  • To monitor and analyze the contract for your accounts and relationship with us, to ensure compliance with our internal policies and/ or procedures and to be able to monitor risks and report them;
  • To carry out business, operational and administrative activities, including record keeping and audits;
  • To assess any credit limit or other credit decision (as well as the interest rate, fees and other changers to be applied to your account);
  • To carry out statistical and other analysis, including profiling based on the EFG products or services that you use or in which you might be interested, how you like to be contacted, etc;
  • To conduct a survey;
  • To comply with any applicable laws and regulations and/or any voluntary code or industry best practice we reasonably decide to adopt;
  • To comply with the request or requirement of any court of any relevant jurisdiction or any relevant tribunal, mediator, arbitrator, ombudsman, taxation authority or regulatory or governmental authority;
  • To carry out the detection, investigation and prevention of fraud, tax evasion, money laundering, bribery, corruption, terrorist financing and other crime or malpractice and oversee and report on such detection, investigation and prevention activities;
  • For use in connection with any legal proceedings or regulatory action (including prospective legal proceedings/ regulatory action) and for obtaining legal advice or for establishing, exercising or defending legal rights; and
  • To give you information and marketing materials (by post, telephone, email or other medium using the provided contact details) about events, products and services offered by us which may be of interest to you.

(c) If you fail to provide Personal Data

If you fail to provide certain information when requested, we may not be able to enter into a contract with you/ perform the contract we have entered into with you. Please note that we may still process any available Personal Data.

5. Recipients of your Personal Data

We (and those parties to whom Personal Data is disclosed) may disclose Personal Data in the situations described below:

  • To any other companies which are at the time of disclosure in the EFG Group; in particular, several EFG Group entities may act as controllers of your data, i.e. determine the purposes and means of the processing of your data and may share them amongst each other. The resulting transfers may be based on one or more of the legal bases listed in section 4 (a) above, including the performance of the contract executed with you or taking steps at your request prior to entering into any such contract and/ or our legitimate interests and/ or the public interest. Processing may occur in one or more of the situations listed in section 4 (b) above, including the confirmation of your status in relation to your application or account and/ or the improvement of the quality of our services and/ or the monitoring of the compliance with internal policies and procedures, as well as the applicable legislation.
  • To third parties/ processors of your Personal Data(including other EFG Group entities) who provide services to us or that act as our agents (or prospective third party service providers or prospective agents);
  • To third parties in connection with a reorganization (including investment), amalgamation, merger or transfer or sale of all or part of our business, including to any insurers and professional advisors, and any third parties to whom we assign, transfer or charge our interest in any financial product or service provided to you;
  • To any court of any relevant jurisdiction or any relevant tribunal, mediator, arbitrator, ombudsman, taxation authority or regulatory or governmental authority;
  • To public authorities, regulators or governmental bodies, when required by law or regulation.
  • To other financial institutions or organizations, payment recipients, clearing houses, clearing and settlement systems, stock exchanges, credit card associations etc, as the case might be;
  • To any guarantor, where your account is backed by a guarantee;
  • To our auditors and professional advisors (and those agents, auditors, service providers and professional advisors of other companies in the EFG Group);
  • To insurers and information providers; or
  • Otherwise if you consent to such disclosure.

6. Overseas transfers

The recipients referred to in section 5 above may be located outside of Switzerland and the European Economic Area. In those cases, In those cases, except where the relevant country has been determined by the European Commission to provide an adequate level of protection (currently Andorra, Argentina, Canada, Switzerland, Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Uruguay, Japan and United Kingdom), we require such recipients to comply with appropriate measures designed to protect personal data. A copy of these measures can be obtained by contacting your Client Relationship Officer and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

A list of the countries in which EFG Group operates (inside and outside the European Economic Area) can be found here: https://www.efginternational.com/contact.html.

7. Retention of Personal Data

We will retain Personal Data for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory, accounting, reporting or internal policy requirements. To determine the appropriate retention period for Personal Data, we consider the applicable legal requirements, as well as the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means.

Further information on the retention periods of Personal Data can be requested from your Client Relationship Officer and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

8. Your rights and duties

(a) You duty to inform us of changes

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.

(b) Your rights in connection with Personal Data

Under certain circumstances, and subject to applicable law, you have the right to:

  • Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you.
  • Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
  • Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes by writing to your Client Relationship Officer or using any opt-out facility specified by us in the relevant marketing communication.
  • Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Where your data is processed by automated means and:
    • where we process your personal data on the basis of your consent, or
    • where such processing is necessary for entering into or performing our obligations under a contract with you, request the transfer of your Personal Data to you or to another party (also known as “data portability”).
  • Where we process your personal data on the basis of your consent, withdraw that consent at any time. Please also note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  • In certain circumstances (see article 22 GDPR where applicable), request not to be subject to automated decision-making, including profiling.

Certain of these rights are not absolute under the applicable legislation (as sometimes there may be overriding interests that require the processing to continue, for example); nonetheless we will consider your request and respond to you. Moreover, the exercise of some of these rights may result in non-examining/ rejecting your application or no longer being able to provide a product or service to you.

If you want to exercise your rights, as per above, please contact your Client Relationship Officer and/ or contact the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

Finally, you have the right to lodge a complaint with the supervisory authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen.

(c) No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee depending on the nature of the request and applicable regulation.

(d) What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

(e) Queries relating to the processing of your Personal Data

If you have a query regarding the processing of your Personal Data please contact your Client Relationship Officer and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

9. Changes to this Privacy Notice

We reserve the right to update this Privacy Notice at any time, and we will notify you either in writing or by updating this Privacy Notice on our website at: www.efginternational.com/data-privacy. We may also notify you in other ways from time to time about the processing of your Personal Data.

Website privacy policy

1. Introduction

This Website Privacy Notification applies to all physical persons (“you”) who have access to this website (“Website”). In this Website Privacy Notification “we” refers to each and all of EFG International AG (Bleicherweg 8, P.O. Box 6012 CH - 8022 Zürich, Tel. +41 44 226 1850) (“EFGI”) and its worldwide affiliates. A list of all EFG entities and their contact details can be found here: https://www.efginternational.com/contact.html.

This Website does not seek to collect personal information from individuals under the age of 18. Individuals under the age of 18 should receive permission from their parent or legal guardian before providing any personal information to us.

2. Types of personal information collected and processed

The types of personal information we collect and process depends, among other factors, on how you are using this Website. If you are only using this Website for information purposes, i.e. you do not otherwise transmit information to us, EFGI will only gather the personal information that is forwarded to its servers by your browser. In particular, EFGI will gather the access data that it requires for technical reasons to be able to display this Website and warrant the stability and security of the same. This access data includes the IP address, date and time of your visit, access status/HTTP status code, the referred URL (previously visited page), browser type and version, operating system.

In addition, we will also receive your personal information if you reach out to us using the contact form on this Website. Personal information in this context includes e.g. name, address, e-mail, telephone number, date and time of your request and content of your request.

3. Sources of personal information

We collect your personal information:

  • Directly from you; and
  • Third parties provide about you. If you transmit personal information about third parties (e.g. your spouse, relatives etc.), you are responsible for complying with the applicable information protection provisions. This may require obtaining the consent of these third parties for the transmission of this information.


Moreover, EFGI collects your personal information automatically, through relevant systems used in connection with your website consultation (e.g. location information, cookies, log data). For instance, EFGI may collect your personal information from the device through which you access this Website. Finally, EFGI uses tracking technology to collect information about you. Please refer to the Cookie Policy for more information on how EFGI uses cookies and other similar tracking technologies.

4. How we use personal information

The situations in which we may process your personal information are listed below:

  • To process your request, if you contact us using the contact form of this Website;
  • To establish a basis for future information on the products and services offered by us;
  • To comply with any applicable laws and regulations;
  • To comply with the request or requirement of any court of any relevant jurisdiction or any relevant authority; and
  • For use in connection with any legal proceedings or regulatory action (including prospective legal proceedings/ regulatory action) and for obtaining legal advice or for establishing, exercising or defending legal rights.

The situations in which EFGI may process your personal information are listed below:

  • To provide you with access to this Website;
  • To administer technically and develop this Website; and
  • To carry out statistical and other analysis regarding the use of this Website.

5. Recipients of your personal information

We may disclose personal information in the situations described below:

  • To third parties who provide services to us (e.g. IT companies, telecommunication providers);
  • To our affiliates, only to the extent necessary to process your request, if you contact us using the contact form of this Website;
  • To any court of any relevant jurisdiction or any relevant authority;
  • To public authorities, regulators or governmental bodies or other third parties, when required by law or regulation; or
  • Otherwise if you consent to such disclosure.

6. Overseas transfers

We may transfer the personal information we collect about you to countries other than the country of our incorporations or the country in which the information was originally collected. Other destination countries may not have the same laws on personal information as the country in which you initially provided the information.

When we transfer your personal information to other countries, we will protect that information as described in this Website Privacy Notification and in accordance with applicable law. If necessary, we require the recipients referred to in section 5 above to comply with appropriate safeguards designed to protect personal information.

7. How to contact us

If you have a query regarding the processing of your personal information or if you would like to exercise your rights under the applicable legislation on personal information, please contact your Client Relationship Officer if you are a client and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

8. Changes to this Website Privacy Notification

We may revise this Website Privacy Notification from time to time. The most current version of this Notification will govern our processing of your personal information and will always be at this Website. By continuing to access and use this Website you agree to be bound by the Website Privacy Notification currently in place at the time of each visit.

9. EEA Addendum

If you are in the European Economic Area ("EEA"), the following additional EEA-specific provisions may apply to the processing of your personal information.

A. Controller – EU Representative

The controller of your personal information is EFGI and/ or its worldwide affiliates (to the extent that the General Data Protection Regulation 2016/679 is applicable to them), as the case might be. Each of these EFG entities is acting as a separate data controller. The EU Representative for the non-EEA EFG entities (to the extent applicable) is EFG Bank (Luxembourg) S.A. (https://lu.efgbank.com/).

B. Legal basis for using your personal information

We will only use your personal information when the law allows us to. Most commonly and depending on the situation in which we will use your personal information, we will use your personal information in the following circumstances:

  • Where you have given your consent (e.g. in the form of the clear affirmative action of sending us a request by using the contact form of this Website);
  • Where we need to comply with a legal obligation;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (e.g. ensuring compliance with our policies and procedures); and
  • Where necessary for the establishment, exercise and defense of legal claims.

C. Will my personal information be used for automated decision-making?

As a rule, we do not use fully automated decision-making (i.e. a purely automated process that would produces legal effects concerning you or significantly affecting you) in the context of your access to this Website or of your use of a form to contact us. If such processes are used in isolated cases, you will be informed separately, to the extent this is required by law.

D. Do you have an obligation to provide personal information?

In the context of this Website, you will need to provide the personal information that is required for its use for technical or IT security reasons. If you do not provide this information, you will not be able to use this Website.

In the context of contacting us by form, you are only required to provide the personal information without which your inquiry cannot be processed by us.

E. European Privacy Rights

Your rights in connection with personal information

  • Under certain circumstances and subject to applicable law, you have the right to:
  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your Personal Data to you or to another party (also known as “data portability”) where your data is processed by automated means and:
  • where we process your personal information on the basis of your consent; or
  • where such processing is necessary for entering into or performing our obligations under a contract with you.
  • Where we process your personal information on the basis of your consent, you may withdraw that consent at any time. If you do not give your consent or withdraw your consent this may affect our ability to provide you with services. Please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  • In certain circumstances, request not to be subject to automated decision-making, including profiling.


Certain of these rights are not absolute under the applicable legislation (as sometimes there may be overriding interests that require the processing to continue, for example); nonetheless we will consider your request and respond to you.
Finally, you have the right to lodge a complaint with the supervisory authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your personal information has arisen.

F. Retention of personal information

We will retain personal information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory, reporting or internal policy requirements. To determine the appropriate retention period for personal information, we consider the applicable legal requirements, as well as the purposes for which we process your personal information and whether we can achieve those purposes through other means, as well as the time periods, during which such personal information may need to be retained as evidence in an actual or potential judicial context.

G. How to contact us

If you would like to exercise any of your rights in connection with your personal information or receive a copy of the safeguards designed to protect personal information in the case of transfer of your personal information outside the EEA or obtain further information on the retention periods of personal information, please contact your Client Relationship Officer and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

Privileged deposit

Are my deposits protected under the deposit insurance esisuisse? Yes, like any bank and any securities firm in Switzerland, EFG Bank AG is required to sign the Self-regulation “Agreement between esisuisse and its members”. This means clients’ deposits are protected up to a maximum of CHF 100,000 per client. Medium-term notes held in the name of the bearer at the issuing bank are also considered deposits. Depositor protection in Switzerland is provided by esisuisse, and the depositor protection system is explained in detail at https://www.esisuisse.ch/en.

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