PERSONAL DATA PROTECTION ACT 2012 OF SINGAPORE

These Supplemental Terms and Conditions apply to all accounts (“Accounts” and each an “Account”) maintained by the Customer with the Bank at its branch in Singapore, and are supplemental to and form an integral part of the Terms and Conditions.

In these Supplemental Terms and Conditions:

  1. “PDPA” shall mean the Personal Data Protection Act 2012 of Singapore.

  2. “Third Party Personal Data” shall mean the personal data of any individuals whatsoever which the Customer may, from time to time, disclose to the Bank in connection with the Account or as part of the Customer’s commercial relationship and business dealings with the Bank.

  3. All other capitalised terms used in these Supplemental Terms and Conditions shall, unless otherwise defined herein, bear the same meaning as ascribed to them in the Terms and Conditions.

In the event of any inconsistency or discrepancy between the provisions of these Supplemental Terms and Conditions and those of the Terms and Conditions, the provisions of these Supplemental Terms and Conditions shall prevail.

COLLECTION, USE, DISCLOSURE AND PROCESSING OF INFORMATION

1.  In order to process, administer and/or manage the Customer’s relationship and/or Account with the Bank and to provide the Customer with the services and/or products of the Bank and/or its Affiliates, the Bank and its officers, employees, agents, contractors or service providers may, whether before, during or after termination of the Customer’s Account, need to process, collect and use any information relating to the Customer (including the Customer’s personal data (where the Customer is a natural person), particulars of the Customer’s Accounts, details of the amounts owing and other credit background information whether obtained from any credit bureau from time to time or otherwise), the Customer’s transactions or any of the Customer’s Account(s) (“Information”) and disclose the Information to:

    (a) any person or organisation participating in the provision of electronic or, without limitation, other services in connection with banking services utilised by the Customer, whether in Singapore or elsewhere for purposes of operating such services including but not limited to investigating discrepancies, errors or claims;

    (b) any chargee or mortgagee or proposed or purported chargee or mortgagee of or any other person having or claiming any interest in the Accounts or any person in favor of whom the Customer is proposing to create or grant an interest in the Accounts

    (c) any transferee or assignee or proposed transferee or assignee of any rights and obligations of the Bank;

    (d) any receiver appointed by the Bank;

    (e) the insurer, valuer, proposed insurer or proposed valuer of any of the Customer’s other assets held or proposed to be held by the Bank;

    (f) the Bank’s auditors and professional advisors;

    (g) any solicitor acting for the Customer or the Customer’s legal representatives. For this purpose, the Customer  agrees that the Bank may reasonably rely on any correspondence from such persons or entities stating to be the Customer’s solicitors or legal representatives;

    (h) the police or any public officer conducting an investigation in connection with any offence;

    (i) any person engaged by the Bank to collect any sums of moneys owing to the Bank from the Customer for any purposes in connection with the collection of such sums;

    (j) credit or charge card companies in credit or charge card enquiries;

    (k) any person to whom disclosure is permitted or required by any statutory provision or law;

    (l) the head office, any branch or any office of the Bank or its Affiliates, or any agents, correspondents, agencies or third parties of the Bank or any of its Affiliates wheresoever situate;

    (m) the Bank’s contractors or service providers who may from time to time be engaged to provide advice, administrative, computer, data processing, telecommunications, debt collection, electronic, credit reference,  market research, payment, transfer, trade reporting or other services in connection with banking and/or other services provided by the Bank and/or the management or operation of the Bank’s business whether in Singapore or elsewhere

    (n) any person authorised by the Customer

    (o) any credit reference agency, rating agency, business partner, insurer or insurance broker, direct or indirect provider of credit protection, bank or financial institution

    (p) any credit bureau and/or its compliance committee and for such credit bureau and/or its compliance committee    to disclose the Information to third party or parties, including but not limited to its member banks or financial institutions

    (q) to any person in compliance with the order, notice or request of any government agency or authority or courts in Singapore or of a jurisdiction where any of the Bank’s overseas branches or offices are situated or where the Bank has assets;

    (r) (in the case of a trust Account) to beneficial owner or owners of the Account

    (s) to any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials

    (t) where the holder or one or more of the holders of the Account(s) is/are below the age of 21 years, to such holder’s/ holders’ parent or legal guardian; and/or

    (u) any other person to whom the Bank and any of its officers, employees, agents, contractors or service providers consider appropriate to make such disclosure,

(the above collectively, “Permitted Recipients”) for any Permitted Purposes (as defined below).

2.  The Customer acknowledges and agrees that the Permitted Recipients may be persons or entities within or outside Singapore.

The Customer consents to and authorises the Bank and its officers, employees, agents, contractors and service providers  to collect, use, disclose and/or process the Information for the following purposes:

    (a) processing the Customer’s application for Account(s), services and products by the Bank;

    (b) providing the Customer with the services and products of the Bank

    (c) administering and/or managing the Customer’s relationship and Account(s) with the Bank;

    (d) carrying out the instructions of or responding to any enquiries by the Customer or the Customer’s authorised signatories or representatives;

    (e) any operation and/or the outsourcing of such operation relating to the provision of services and products by the Bank and any of its officers, employees, agents, contractors or service providers (without limitation, the  printing and/or mailing of correspondence, statements of accounts, invoices, reports, notices and other mailers (which could involve disclosure of certain personal data about the Customer and/or the Customer’s authorised signatories or representatives to bring about delivery of the same as well as on the external cover of envelopes/ mail packages), as well as the verification of the Customer’s identity and the identity of the Customer’s authorised signatories or representatives, including authenticating the access and/or use of the services and products of the Bank by the Customer and/or the Customer’s authorised signatories or representatives)

    (f) to monitor and record telephone conversations, voice or video conferences and all electronic communications with the Customer for record keeping, quality training, investigation or other purposes;

    (g) to publish the Customer’s feedback at the Bank’s internal and external events, feedback exercises  and/or marketing and/or promotional activities;

    (h) the recovery of any and all amounts owed to the Bank;

    (i) the process of approving the Account(s), the conduct of credit checks, verification of ongoing credit worthiness;

    (j) carry out due diligence or other screening activities in accordance with the Bank’s legal or regulatory obligations  or risk management procedures designed to combat financial crime, including “know-your-customer”, anti-money laundering, counter-terrorist financing or anti-bribery and corruption customer and counterparty due diligence   and screening

    (k) investigating fraud, misconduct, any unlawful action or omission, whether relating to the Customer’s application  or any other matter relating to the Customer’s Account(s), and whether or not there is any suspicion of the  aforementioned;

    (l) compliance with disclosure requirements under applicable law; and/or

    (m) if consented by the Customer in the application form, Account opening document and/or other methods of consent notification, provide the Customer with marketing, advertising and promotional information, materials and/or documents relating to banking, investment, credit and/or products and/or services that the Bank may be providing, selling, marketing, offering or promoting, whether such products or services exist now or are created in the future, via the Customer’s consented method(s) of communication,

(the above collectively, the “Permitted Purposes”).

3.  The Customer agrees that the Bank and any of its officers, employees, agents, contractors or service providers (being       the Bank and such other contractors and service providers) may from time to time obtain and exchange the Customer’s Information from any third party (whether a credit bureau or otherwise and wherever situated), verify and use the  Information obtained and to further disclose such obtained Information to any third party for the purpose of assessing     the Customer’s creditworthiness and the Permitted Purposes. The Customer also agrees that a credit bureau may use     and further disclose to other third parties, the Customer’s Information obtained from the Bank and any of its officers, employees, agents, contractors or service providers (being the Bank and such other contractors and service providers as the Bank may notify the Customer from time to time) for the same purposes. Without prejudice to the generality of the foregoing, for the purposes of assessing the Customer’s creditworthiness and for the Permitted Purposes, the Customer authorises:

    (a) the Bank and any of its officers, employees, agents, contractors or service providers (being the Bank and such other contractors and service providers as the Bank may notify the Customer from time to time) to carry out the Account approving process, to perform credit checks with any party including any credit bureau from time to time, to obtain the Customer’s Information from any source including any credit bureau and consent to such source (including any credit bureau) disclosing Information about the Customer to the Bank and any of its officers, employees, agents, contractors or service providers (being the Bank and such other contractors and service providers as the Bank may notify the Customer from time to time);

    (b) the Bank and any of its officers, employees, agents, contractors or service providers (being the Bank and such   other contractors and service providers as the Bank may notify the Customer from time to time) to use and  disclose the Customer’s Information to any third party, including any credit bureau, its members or subscribers and/or compliance committees including its member banks or financial institutions; and

    (c) any credit bureau to disclose the Customer’s Information obtained from the Bank and any of its  officers, employees, agents, contractors or service providers (being the Bank and such other contractors and service providers as the Bank may notify the Customer from time to time) to its members or subscribers and/or  compliance committees including its member banks or financial institutions.

4.  The Customer represents, undertakes and warrants to the Bank that:

    (a) in respect of any Third Party Personal Data that the Customer discloses to the Bank, the Customer would have prior to disclosing such Third Party Personal Data to the Bank obtained the appropriate consent from the individuals whose Third Party Personal Data are being disclosed, to:

        (i) permit the Customer to disclose the individuals’ Third Party Personal Data to the Bank for or in connection with the Permitted Purposes; and/or

        (ii) permit the Bank and its Affiliates (in Singapore and/or elsewhere) to collect, use, disclose, share and/or process (through authorised service providers, relevant third parties or otherwise) the individuals’ Third Party Personal Data for or in connection with the Permitted Purposes;

    (b) any Third Party Personal Data that the Customer discloses to the Bank are accurate;

    (c) should the Customer become aware that any such Third Party Personal Data has been updated and/or changed after such disclosure to the Bank, the Customer shall give the Bank notice in writing as soon as reasonably  practicable thereafter;

    (d) should the Customer become aware that any individual whose Third Party Personal Data the Customer has disclosed to the Bank has withdrawn his consent as referred to in sub-Clause (a) above, the Customer shall give the Bank notice in writing as soon as reasonably practicable thereafter. Without prejudice to the Bank’s other  rights under law and/or the agreement(s) between the Customer and the Bank, upon the receipt by the Bank of the said notification, the Bank shall have the right to discontinue or not provide any products and/or services to and/or transactions with the Customer that are linked to such Third Party Personal Data;

    (e) the Customer shall from time to time as may be reasonably requested by the Bank, assist the Bank to comply with the PDPA and all subsidiary legislation, guidelines and notices related thereto; and

    (f) the Customer will indemnify and at all times hereafter keep the Bank and its Affiliates and their respective   officers, employees and agents indemnified against any and all losses, damages, actions, proceedings, costs,  claims, demands, liabilities (including full legal costs on a solicitor and own client basis) which may be suffered or incurred by or asserted against any one of them in respect of any breach by the Customer of any of the provisions in these Supplemental Terms and Conditions and/or any action or omission by the Customer that causes any of them to be in breach of the PDPA.

5. The Customer’s consent, authorisation and agreement herein shall be in addition to any other authorisation and consent  to disclosure which the Customer has given or may hereafter give to the Bank in connection with any agreements and/      or account(s) the Customer has or may have with the Bank, and shall survive and continue in full force and effect for the benefit of the Bank and its officers, employees, agents, contractors and service providers notwithstanding the termination of one or more types of relationships between the Customer and the Bank.