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Amendment of DBS Bank Group
Data Policy Notice for Hong Kong Operations

This latest Data Policy Notice will be effective 6 October 2008. The New Data Policy Notice includes:

(1)
Amendment to clause (e) (xiii), supplement the purposes for which data relating to a data subject may be used to the effect that such data may be used for operational purposes, credit assessment or statistical analysis (including behaviour analysis), whether on the data subjects or otherwise; and

(2)
Amendment to clause (k), change of correspondence address of the Data Protection Officer.

Should you have any queries regarding this Data Policy Notice, please contact our Data Protection Officer in accordance with clause (k).

DBS Bank (Hong Kong) Limited
22 August 2008


DBS Bank Group
Data Policy Notice for Hong Kong Operations

The Hong Kong operations of DBS Bank Ltd, ("DBS") and its various Hong Kong subsidiaries from time to time are committed to protecting data privacy in accordance with applicable Hong Kong legal and regulatory requirements. Accordingly, DBS and such subsidiaries, which include DBS Bank (Hong Kong) Limited (DBS and each such subsidiary, a "Company" and together "the DBSHK Group") each adheres to the data policy of the DBSHK Group that applies in Hong Kong and is set out in this Notice.

This Notice is provided to notify data subjects of the data policies of the DBSHK Group.

(a)
The provisions of this Notice form part of the account terms and conditions and/or the agreement or arrangements that a data subject has or may enter into with any Company. If any inconsistency is found, the provisions of this Notice shall prevail.

(b)
From time to time, it is necessary for data subjects to supply the relevant Company with data in connection with various matters such as the opening or continuation of accounts and the establishment, provision or continuation of banking facilities, banking and other financial services by any Company or the provision of supplies or service to any Company and data subjects.
(c)
Failure to supply such data may result in the Company being unable to open or continue accounts or establish or continue banking facilities or provide banking or other financial services, or accept or continue with the provision of supplies or service to the Company and data subjects.

(d)
It is also the case that data are collected from data subjects in the ordinary course of the continuation of the relationships with them, for example, when data subjects write cheques, deposit money or give instructions.

(e)
The purposes for which data relating to a data subject may be used will vary depending on the nature of the data subject's relationship with the relevant Company. Broadly, they may comprise any or all of the following purposes:
(i)
processing of applications for banking and/or other financial services and facilities;
(ii)
operation of the services and credit facilities provided by or to the relevant Company or to data subjects, including the provision of automatic teller machine services, credit card and charge card facilities;
(iii)
provision of reference (status enquiries);
(iv)
conducting credit and other status checks;
(v)
assisting other financial institutions to conduct credit checks and collect debts;
(vi)
ensuring ongoing credit-worthiness of data subjects;
(vii)
researching, designing financial services or related products for data subjects' use;
(viii)
marketing financial services or related products (including those supplied by third parties and also including, but not limited to, exchange of non-financial information with selected business partners and developing marketing lists for exchange with selected business partners);
(ix)
operating internal controls including determining the amount of indebtedness owed to or by data subjects;
(x)
performing treasury functions;
(xi)
provision of investment management services, dealing and advisory services, custody services and other services under the terms and conditions of the accounts a data subject holds with the Company;
(xii)
the enforcement of data subjects' obligations, including without limitation the collection of amounts outstanding from data subjects and those providing security for data subjects' obligations;
(xiii)
for operational purposes, credit assessment or statistical analysis (including behaviour analysis), whether on the data subjects or otherwise;
(xiv)
meeting the requirements to make disclosure to relevant supervisory or regulatory authorities, polices or court of law or under the requirements of any applicable law, regulation or court order binding on the relevant Company;
(xv)
meeting the requirements to make disclosure to the supervisory or regulatory authority, police or court of law under the requirements of any law, regulation or court order binding on a Bank Group Company (but only insofar as such requirement for disclosure of data by a Bank Group Company relates to data already held by such Bank Group Company on behalf of the Company at the time the need for disclosure arises but not any other data);
(xvi)
enabling an actual or proposed assignee of the Company or a Bank Group Company, or participant or sub-participant of the rights of the Company or those of a Bank Group Company in respect of the data subject, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
(xvii)
purposes specifically provided for in any particular service or facility offered by the Company. Such procedures include matching procedures (as defined in the Ordinance, but broadly includes comparison of two or more sets of the data subject's data, for purposes of taking actions adverse to the interests of the data subject, such as declining an application); and
(xviii)
all other incidental and associated purposes relating any of the above.

The Company keeps data only for as long as is reasonably required for the above purposes or as required by applicable law.

(f)
Data held by any relevant Company relating to a data subject will be kept confidential but the relevant Company may provide such information to the following categories of persons for any of the purposes set out in paragraph (e):

(i)
any Bank Group Company, agent, contractor or third party service provider (or a subsidiary, holding company or related company thereof) who provides administrative, telecommunications, computer, payment, debt collection or securities clearing, data processing or other services to the Company or a Bank Group Company in connection with the operation of its business;
(ii)
any other person (including a Bank Group Company) which has undertaken expressly or impliedly to the Company or a Bank Group Company to keep such information confidential;
(iii)
any authorised institution (as such term is defined in the Banking Ordinance) or other authorised or regulated entity of similar nature in another jurisdiction with which the data subject has or proposes to have dealings;
(iv)
the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
(v)
credit reference agencies, and, in the event of default, to debt collection agencies;
(vi)
subject to paragraph (e) (xv) any person to whom the Company or a Bank Group Company is under an obligation to make disclosure under the requirements of any law, regulation or court order binding on the Company or a Bank Group Company; and
(vii)
any actual or proposed assignee of the Company or a Bank Group Company, or participant or sub-participant or transferee of the rights of the Company or those of a Bank Group Company in respect of the data subject.

The Company may disclose data to any or all of the parties stated above and may do so notwithstanding that the recipient's place of business is outside Hong Kong including Singapore, or that such information following disclosure will be collected, held, processed or used by such recipient (including the DBS Bank Group, a banking group the holding company of which is incorporated in Singapore) in whole or part outside Hong Kong.

Without limiting the generality of paragraph (e) and this paragraph (f), the Company will disclose data to the DBS Bank Group and/or to any other party who, in each case, may from time to time be duly appointed to carry out data processing, analysis or other services, provided that, in each case, the applicable legal, Hong Kong Monetary Authority and other regulatory requirements have been complied with.

(g)
For the purpose of (e)(iv) above, the Company may from time to time access and obtain a credit report on the customer from a credit reference agency for reviewing any of the following matters in relation to the credit facilities granted:

(i)
an increase in the credit amount;
(ii)
the curtailing of credit (including the termination of credit or a decrease in the facility amount); or
(iii)
the putting in place or the implementation of a scheme of arrangement with the customer.

When the Company accesses data about a data subject held with a credit reference agency, it must comply with the Code of Practice on Consumer Credit Data and other relevant regulatory requirements. If the customer wishes to access the credit report, the Company will on request advise the contact details of the relevant credit reference agency.

(h)
Any individual has the right:

(i)
to check whether the Company holds data about him and of access to such data;
(ii)
to require the Company to correct any data relating to him which is inaccurate;
(iii)
to ascertain the Company's policies and practices in relation to data and to be informed of the kind of personal data held by the Company; and
(iv) in relation to consumer credit:
(aa)
to request to be informed which items of data are routinely disclosed to credit reference agencies or debt collection agencies;
(bb)
be provided with further information to enable an access and correction request to be made to the relevant credit reference agency or debt collection agency; and
(cc)
to ask the Company to request the relevant credit reference agencies to delete his consumer credit data upon the termination of the account by full payment, if there is no payment default in excess of 60 days in the past 5 years. If an individual has any such payment default, the individual is liable to have his consumer credit data retained by the relevant credit reference agencies until 5 years from the final settlement date of the default amount or 5 years from the date of discharge of the individual's bankruptcy as notified to the credit reference agency whichever is earlier.

(i)
The relevant Company may charge a reasonable fee for the processing of any data access request.

(j)
Nothing in this Notice shall limit the rights of data subjects under the Personal Data (Privacy) Ordinance.

(k)
In accordance with the Ordinance, individuals may make data access or data correction requests or request information regarding policies and practices and kinds of data held. Such requests should be addressed to:

The Data Protection Officer
DBS Bank Ltd., Hong Kong Branch/
DBS Bank (Hong Kong) Limited
10/F One Island East,
18 Westlands Road
Island East, Hong Kong
Hong Kong

(l)
In this Notice, the following terms shall have the following meanings:

"Bank Group Company"
Means any subsidiary of the Company, any direct or indirect holding company of the Company, any subsidiary of any such holding company or any of their related companies (being a company in which an equity interest is held by any of the foregoing) including, for the avoidance of doubt, companies within the DBS Bank Group, a banking group the holding company of which is incorporated in Singapore;

"business partners"
Means entities with whom the Company or a Bank Group Company has entered or is proposing to enter into a joint venture (corporate, contractual or otherwise), partnership, association or other relationship of similar nature;

"data subjects"
Means customers of the Company and various other persons (including, without limitation, applicants for banking services and facilities, sureties, corporate officers and managers, suppliers, contractors, service providers and other contractual counterparties) supplying data (including personal data (as such term is defined in the Ordinance)) to the Company;

"Hong Kong"
The Hong Kong Special Administration Region;

"Ordinance"
The Personal Data (Privacy) Ordinance; and

"subsidiary" and "holding company"
Bear the same meanings given to them under the Companies Ordinance.

6 October 2008

Note: In case of discrepancies between the English and Chinese versions, the English version shall prevail.

 

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