隐私通告

Notice To Customers Relating To The Personal Data Protection Act 2010 (The "PDPA")

Dear Valued Customer,

1. In compliance with the requirements of the PDPA, this Notice is issued to inform you of Bank of China (Malaysia) Berhad's (hereinafter referred to as "the Bank", "our", "us" or "we") commitment to the policy of protecting at all times the confidentiality, integrity and security of the information provided by you to us.

2. For the purposes of this Privacy Notice, BOC Group shall means, the Bank, Bank of China Limited, its affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually).

3. In order to enable us to deal with your inquiries / to open and operate an account for you / to generally provide and / or recommend you with our facilities, products and services ("the Facilities"), we may need to / may be required to collect, record, hold, store, use and / or disclose (i.e. process) your personal data and information which includes, but not limited to ("the Personal Data"):

(a) personal details:

name, age, gender, date of birth;
identity card number / passport number;
education;
race, ethnic origin, nationality, citizenship

(b) contact details such as address, email, phone number

marital status;
name of spouse, child or immediate family

(d) occupation details:

employer's name;
income range, job title, job responsibilities;
employer's contact information and address

(e) other information such as financial reference (in respect of other banking facilities used by you).

4. We may from time to time request for other personal information which we consider relevant in considering your request or inquiries in respect of any of our products or banking facilities.

5. We may obtain the Personal Data from yourself and from a variety of sources, including but not limited to:

(a) through your relationship with us, for example information provided by you in application forms, when using our products and / or services, when taking part in customer surveys, competitions and promotions, and during financial reviews;

(b) through your verbal and written communications to us and / or our authorized agents;

(c) from third parties connected to you, such as your employers, joint account holders, guarantors, security providers, co-partners, co-directors and co-shareholders, subject to your prior consent;

(d) from any credit reporting agencies, credit reference agencies, credit companies and / or governmental agencies such as:

Central Credit Reference Information System (CCRIS),
Dishonoured Cheque Information System (DCHEQS),
Financial Institutions Statistical System (FISS),
Credit Tip-Off System Sdn Bhd (CTOS),
Experian Information Services (Malaysia) Sdn. Bhd. (EXPERIAN) (previously known as RAM Credit Information Sdn Bhd (RAMCI)),
SME Credit Bureau (M) Sdn Bhd,
CAGAMAS Berhad,
Inland Revenue Board Malaysia (LHDN).

(e) through recorded footage from Closed Circuit Televisions ("CCTV") at our premises;

(f) Companies Commission and Insolvency Department;

(g) from an analysis of the way you use and manage your accounts / facilities with us, from the transactions you make and from the payments which are made to / from your accounts / facilities; and / or from such other sources in respect of which you have given your consent to the disclosure of information relating to you and / or where otherwise not restricted.

6. The Personal Data is collected and processed by or on behalf of the Bank in connection with the provision of the Facilities. Failure to supply such information may result in the Bank being unable to provide / to continue in providing the Facilities. We may use the Personal Data you provided for one or more of the following purposes (hereinafter referred to as "Purposes"), which includes but not limited to:

a) establish your identity and background;

b) assess and process your application(s) / request(s) for the Bank’s Facilities; the daily operation of the banking accounts, services and/or facilities provided to you;

c) verify your financial standing through conducting credit reference checks (including but not limited to upon an application for credit and upon periodic or special review of the credit which normally will take place one or more times each year);

d) update, consolidate and improve the accuracy of our records of you;

e) respond to your enquiries or application(s) or complaints and to generally resolve disputes;

f) establish your credit worthiness;

g) provide you with information on our and / or third party products and / or services which we may offer to you or which we think may be of interest to you (including by way of phone call / email / text message (SMS) alert);

h) determining the amount of indebtedness owed to or by you;

i) disclose your Personal Data to the Bank for marketing, promotional and customer relationship purposes;

j) for crime prevention, detection and prosecution;

k) for investigating, reporting, preventing or otherwise in relation to breach of banking secrecy / confidential information, fraud, money laundering, terrorist financing and criminal activities generally;

l) enable us to consider whether to provide or continue to provide to you any of our products and services;

m) manage and maintain your accounts or facilities with us;

n) better understand your current and future investment needs and your financial situation;

o) improve our products and services and to develop new products and services;

p) notify you about benefits and changes to the features of our products and services;

q) administer offers, competitions, campaigns and promotions;

r) produce data, reports and statistics which have been anonymized or aggregated in a manner that does not identify you as an individual;

s) conduct research for analytical purposes including but not limited to data mining and analysis of your transactions with us;

t) meet obligations, requirements or arrangements, whether compulsory or voluntary, of the Bank or any of its branches and any member of the BOC Group to comply with, or in connection with;

any law, regulation, judgment, court order, voluntary code, sanctions regime, within or outside Malaysia existing currently and in the future ("Laws");
any guidelines, guidance or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self- regulatory or industry bodies or associations of financial services providers within or outside Malaysia existing currently and in the future and any international guidance, internal policies or procedures;
any present or future contractual or other commitment with local or foreign legal, regulatory, judicial, administrative, public or law enforcement body, or governmental, tax, revenue, monetary, securities or futures exchange, court, central bank or other authorities, or self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over all or any part of the BOC Group (together the "Authorities" and each an "Authority") that is assumed by, imposed on or applicable to the Bank or any of its branches or any member of the BOC Group; or
any agreement or treaty between Authorities;

u) for audit, compliance and risk management purposes;

v) assess financial and insurance risks;

w) transfer or assign our rights, interest and obligations under your agreements with us;

x) protect or enforce our rights under your agreement with us, including to recover any debt owing to us;

y) for all ancillary purposes relating to the provision of facilities including the provision of computer, telecommunications and technology services;

z) required by laws, guidelines and / or relevant regulatory authorities to disclose the Personal Data; and

aa) any other reasonable purpose(s) which might be informed by the Bank to you in the future.

7. CCTV footage, in particular, may be used for the following purposes:

(a) for quality assurance purposes;

(b) for public safety;

(c) for detecting and deterring suspicious, inappropriate or unauthorized use of our facilities, products, services and / or premises;

(d) detecting and deterring criminal behavior; and / or

(e) conducting incident investigations.

8. Personal Data held by us will be kept confidential but we may provide or disclose such information to the following parties (whether within or outside of Malaysia):

(a) our / BOC Group’s authorized personnel ;

(b) companies and / or organization within BOC Group;

(c) companies and / or organization that acts as our agent, contractor, sub-contractors, service providers, lawyers, auctioneers, valuers or associates of the BOC Group (including their employees, directors, officers, agents, contractors, service providers and professional advisers);

(d) companies / organizations and / or third party service provider to whom we have outsourced the performance of operational functions to assist us in processing, administering and / or otherwise fulfilling transactions that you have requested for;

(e) companies / organizations and / or third party reward, loyalty, co-branding and privileges programme providers to whom we have outsourced the performance of operational functions to assist us in providing value added services that you have requested for;

(f) your advisers (including but not limited to accountants, auditors, lawyers, financial advisers or other professional advisers) where authorized by you;

(g) any person as informed by you as authorized to, on your behalf, give instructions or to use the accounts / facilities / products / services;

(h) any third party as a result of any restructuring of facilities granted to you or the sale of debts, or the acquisition or sale of any company by BOC Group, provided that any recipient uses your Personal Data for the same purposes as it was originally supplied to us and / or used by us;

(i) the police or any enforcement authorities' officer conducting an investigation in connection with any offences including suspected offences;

(j) any rating agency or any insurer / insurance broker or internal auditor or external auditor of the Bank / BOC Group;

(k) or any other database or system established by BNM or any person to whom the Bank may disclose or is under any obligation to make disclosure under the requirements of any law binding on the Bank or any of its branches or any other authority which has jurisdiction over the Bank;

(l) any credit reference agency that we use for credit assessment or credit review of you and parties related to the facilities provided by us to you or any other bureau or company or person providing credit checks or who provides direct or indirect credit protection to us or BOC Group whether or not established or approved by BNM or any other governmental or regulatory authority or body, Cagamas Berhad and / or Credit Guarantee Corporation Malaysia Berhad;

(m) any guarantor or collateral provider for the Facilities;

(n) any financial institutions, merchants, Union Pay International Co. Ltd, and any other card associations in relation to any credit card, debit card or prepaid card issued to you by us;

(o) any person, authorities or regulators to whom the Bank and BOC Group is permitted or required to disclose to under the laws within or outside Malaysia;

(p) any person intending to settle any moneys outstanding under any of your account with us; and / or

(q) any person connected to the enforcement or preservation of any of our rights under your agreements with us.

9. We may transfer your Personal Data to places outside of Malaysia when carrying out any of the purposes stated herein if:

(a) you have given consent to such transfer;

(b) such transfer is necessary for the performance of a contract between you and the Bank;

(c) such transfer is necessary for the conclusion or performance of a contract between the Bank and a third party which is entered into at your request or is in your interest;

(d) such transfer is for the purpose of any legal proceedings or for the purpose of obtaining legal advice or for establishing, exercising or defending legal rights;

(e) the Bank has reasonable grounds for believing that in all circumstances of the case that:

such transfer is for the avoidance or mitigation of adverse action against you;
it is not practical to obtain your consent in writing to such transfer;
if it is practical to obtain such consent, you would have given your consent;

(f) the Bank has taken all reasonable precautions and exercised all due diligence to ensure that your Personal Data will be processed in that place in accordance with Malaysian law;

(g) such transfer is necessary to protect your vital interests; or

(h) where the government deems that such transfer is necessary in the public interest.

10. If you wish to opt-out from the sharing of your personal data with the Bank, Bank of China group of companies and / or any third parties for marketing and promotional purposes, you are required to walk in to the Bank’s branches or email scanned copy of signed opt-out letter to register your instruction with written notice to opt-out of the said sharing and a copy of the standard written notice can be collected over the counter of any of the Bank's branches.

11. The Bank has the discretion to keep the Personal Data provided by you as long as it is required to meet the purposes as stated herein or until a withdrawal / revocation of consent in writing is received by the Bank to terminate the processing of the Personal Data provided by you or for the duration of your relationship with the Bank or for such period as may be necessary to protect the interest of BOC Group or otherwise required by the law / judicial / legal / government authorities and / or where required by BOC Group relevant policies.

12. The Bank reserves its absolute right, without prior notice, to vary, revise, amend any of the provisions stated herein at any time. Any variations, addition, deletions or amendments (hereinafter referred to as the "Amendments") to the provisions herein shall be binding on you and be deemed to be brought to your attention a notice from the Bank to your last known address and / or published in the Bank's official website.

13. This Notice shall apply in relation to the usage, processing and disclosure of the data of any other individual who is not a customer but whose data is required to be collected by the Bank by reason of, or incidental to, the provision of the Facilities by the Bank to the customer, whether the customer concerned is another individual(s) or is a company, business entity or organization. In this regard, the customer confirms and warrants that the customer has obtained the consent of such individuals to the provision of such data to the Bank for foregoing purposes and for disclosure to such parties as stipulated above.

14. Your continued usage of the Facilities is deemed consent for the Bank to collect, process and store the data in accordance with the above. Failure to consent may result in the Bank not being able to open, to provide or continue to provide the Facilities to you.

15. You have the right, upon payment of a prescribed fee and upon written request to the Bank (by completing the necessary form), to have access to your Personal Data in our possession.

16. Where you are of the opinion that the Personal Data held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request in writing (by completing the necessary form) to correct and / or to update your Personal Data.

17. Please note that we reserve the right to withhold access to your Personal Data in certain situations, for example, when we are unable to confirm your identity or where the data requested for is of a confidential commercial nature or in the event we receive repeated requests for the same data. Nevertheless, we will notify you of the reasons for not being able to accede to your request.

18. Please also note that we may exercise our discretion in allowing the corrections requested and / or may require further documentary evidence of the new data to avoid fraud and inaccuracy.

19. You may contact the Bank if you have any inquiries or complaints in relation to this Privacy Notice or on how we handle your personal data, by writing or calling:

Customer Care Hotline: +603-2059 5566
Mail Address: The Personal Data Protection Officer, Bank of China (Malaysia) Berhad, Grd, Mezz & 1st Floor, Plaza OSK, 25 Jalan Ampang, 50450 Kuala Lumpur

Yours faithfully,
Bank of China (Malaysia) Berhad

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