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The Policy of the Use and Confidentiality of Personal Data

In accordance with the stipulation of Law no.8/2005 “Personal Data Protection Law” and other relevant legislations of Macau Special Administrative Region, the Bank hereby declares to the Client and other related person(s)the reasons of personal data collection, the means of collecting the personal data, the purpose, the right and way of access and rectification of the Client and any other person to such data.

 

(1) Definition:

i) Data subject: the Client and other related person(s)(including but not limited to the applicant/ guarantor of the bank credit facilities and financing, the share holders, directors, management staffs, senior staffs and attorneys of the corporate client), and all the data subject shouldbe only natural person;

ii) Processing of personal data ("processing"): any or a series of operations in connection with personal data, by automated and non-automated means,such as  collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, or transmission or dissemination or other means of disclosure to others, as well as the blocking, erasure or destruction of the data.

(2) Whenever the Client opens or maintains account(s) with the bank, establishes or maintains the credit facilities or the bank services, the Client will, from time to time, provide to the Bank his/her relevant personal data.Thus the Bank collects, in its daily work, the personal data of the data subject, such as, any information collected by the Bank when the data subject makes deposit, draws cheques or effects other transactions or when the data subject communicates verbally or in writing to the Bank under normal circumstances.

(3) If the Client fails to provide such information to the Bank, the Bank may be unable to open or maintain the account, establish or maintain the credit facilities or other financing services.

(4) The data subject consents for the Bank to use his/her personal data for business needs and to disclose his/her personal datato such third party or institution as stated in the following circumstances:

i) to process the daily work and operation of the Bank, and/ or credit facilities and financing services;

ii) to perform credit check (including but not limited to the due diligence performed processing the credit application and the annual periodic review, etc.);

iii) to establish and maintain the credit database system of the Bank, and to conduct the credit risk analysis;

iv) to enable the Bank or the company designated by the Bank to design and promote the products and banking services that is suitable for the data subject to use;

v) to calculate the debt that exists between the Bank and the data subject;

vi) to enable the actual or proposed assignee of the Bank, or the participant or sub-participant of the Bank’s rights in relation to the data subject, to evaluate the transaction in connection with the transfer, participation or sub-participation;

vii) to assist the other financial institution in performing credit checkand collecting the overdue amount;

viii) to disclose to the public authority or the local or foreign entity when the Bank is required to do so by any law and regulation that is binding to the Bank, or at the request of regulatory authority, or the contractual commitment with the other government;     

ix) to disclose to the Bank’s holding company, subsidiary, external auditor, legal consultant, contractor in connection with the operation of its business, etc., thus enable them to conduct the reporting or sub-handling of information under the law or for the purpose of internal monitoring;

x) the purpose in connection with the aforesaid provision and Clause (5). 

(5) The Bank will treat the personal data kept by the Bank as confidential,but the Bank does not exclude the disclosure of such data for the purposes referred in aforesaid Clause (4) under one or more of the following circumstances:

i) when requested by any person(s) in connection with the operation of the Bank’s business or third party service provider which provides services of any kind to the Bank, such as drawer of cheque(as the copy of the canceled cheque which the Bank provides to the drawer may contain the personal data of the payee), agent, contractor, other financial institution with which the Client has dealings;

ii) when requested by the actual or proposed assignee of the Bank, or by the participant, sub-participant or assignee in relation to the right of the data subject;

iii) to provide such data to the debt collection agency in the event of any default of repayment of debt of the data subject;

iv) when the bank is required to comply with the obligation of disclosure of data by law, regulation and guidance of the regulatory authority or other administrative department;

v) to disclose to the public authority or the local or foreign regulatory authority when the Bank is required to do so by law, or at the request of regulatory authority;

vi) when requested by the Bank’s holding company, subsidiary, external auditor, legal consultant;

vii) to disclose to any other person who has undertaken to the Bank that he will comply with the obligation of confidentiality.

(6) Whenever the entities or persons listed in the Clause (5) require to transfer the personal data to a place outside the Macau Special Administrative Region, the Bank will transfer the relevant personal data under the circumstances provided by the “Personal Data Protection Law”.

(7) The data subject has the right:

i) to know whether his data is kept by the Bank, as well as the type and source of the data (if any);

ii) to inquire the Bank of the processed data, to demand the Bank to modify and delete any incomplete or inaccurate data therein;

iii) to know to what data will be disclosed to other third party or institution (such as credit reference agency or debt collection agency);

iv) to request the Bank to convey the request of inquiry, modification and deletion of his data to the aforesaid third party or institution;

v) to request the Bank to provide the contact details of the third party or institution which has received the personal data disclosed by the Bank.

(8) In respect of any request of the data subject relating to the access or rectification of data, please visit in person any branch of the Bank and process the request, except as otherwise stipulated by the Bank.

(9) Pursuant to the“Personal Data Protection Law”, the Bank is entitled to impose a reasonable fee for dealing any request of access to data of the data subject.

(10) Nothing in this provision shall restrict the data subject from exercising the rights provided by the “Personal Data Protection Law”.

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