Common use of PRIVACY CLAUSE Clause in Contracts

PRIVACY CLAUSE. 14.1 You hereby confirm that you have read, understood and agreed to be bound by the CIMB Group Privacy Notice (which is available at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇ or ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) and the clauses herein, as may relate to the processing of your personal information. For the avoidance of doubt, you agree that the said Privacy Notice will be deemed to be incorporated by reference into this Agreement. 14.2 In the event that you provide personal and financial information relating to third parties, including information relating to your next-of-kin and dependents (where you are an individual) for the purpose of opening or operating your accounts or facilities with the Bank or otherwise subscribing to the Bank’s products and services, you (a) confirm that you have obtained their consent or are otherwise entitled to provide this information to the Bank and for the Bank to use it in accordance with this Agreement; (b) agree to ensure that the personal and financial information of such third parties are accurate; (c) agree to update the Bank in writing in the event of any material change to such personal and financial information; and (d) agree that the Bank may terminate this Facility Agreement should such consent be withdrawn by any of such third parties. 14.3 Where you instruct the Bank to effect any sort of cross-border transaction (including to make or receive payments), the details relevant to the cross-border transaction (including information relating to those involved in the said transaction) may be received from or sent abroad, where it could be accessible (whether directly or indirectly) by overseas regulators and authorities (e.g. for the prevention of crime). In instructing the Bank and/or the Bank’s agents to enter into any cross-border transaction on your behalf, you agree to such disclosures, both on your own behalf and on behalf of the others involved in the said cross-border transaction. 14.4 The Bank may, at any time and from time to time now and/or in the future, carry out the necessary reference checks including but not limited to credit reporting/reference checks with credit reporting/reference agencies (including but not limited to the Central Credit Reference Information System and Financial Information Service Sdn. Bhd.) and/or any other agencies and/or from any financial institutions to enable the Bank to ascertain your status as the Bank may require to make any decisions, for example when the Bank needs to (a) check details in applications for credit and credit-related services or other facilities; (b) manage credit and credit-related accounts or facilities, including conducting reviews of your portfolios; and/or (c) recover debts. You will be linked by credit reporting/reference agencies to any other names you use or have used, and any joint and several applicants. You agree that the Bank may also share information about you and how you manage your accounts and facilities with relevant credit reporting/reference agencies and for any of these credit reporting/reference agencies to disclose your credit information to its subscribers for purposes of fraud detection and fraud prevention. 14.5 Even after you have provided the Bank with any information, you will have the option to withdraw the consent given earlier. In such instances, the Bank will have the right to refuse to provide or to discontinue the provision of any product, service, accounts and/or facilities that is/are linked with such information with at least 3 business days’ prior written notice to you. 14.6 The Bank reserves the right to amend this clause from time to time at its sole discretion and will provide not less than twenty-one (21) days’ prior written notice to you and place any such amendments on the Bank’s websites and/or by placing notices at the banking halls or at prominent locations within the Bank’s branches. 14.7 For the purposes of this Clause 14, the use of the words “the Bank”, and “the Bank’s” are to be read as references to the CIMB Group. 14.8 You agree that the Bank will not in any event be liable for (A) any claims, losses, damage (financial or otherwise), injuries, embarrassments or liabilities whether arising in contract, tort, strict liability or any other basis, or (B) any indirect, special, incidental, consequential or punitive damages, in connection with: (i) any inaccuracy in, or loss, deletion or modification of data or; (ii) the transmission of any information by the Bank to any credit reporting/reference agencies and/or other party, or the access or use of or reliance on, or the inability to access or use or rely on, such information by such credit reporting/reference agencies and/or other party, save and except where proven to have been caused directly by the Bank’s gross negligence, default or omission. 14.9 This clause is without prejudice to any other clause in this Facility Agreement which provides for the disclosure of information.