CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity. 7.1.1 client declared and confirms that: 7.1.1.1 he/she is duly authorized to conclude and execute this contract; 7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets; 7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower. 7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her; 7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract. 7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections: 7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons). 7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions. 7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions. 7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions. 7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement. 7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client. 7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having. 7.5 The Client hereby consents authority of JSC TBC Bank: 7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards. 7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank. 7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential; 7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential; 7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee. 7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank. 7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s). 7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client. 7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential. 7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues. 7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 3 contracts
Samples: Banking Transactions Agreement, Banking Transactions Agreement, Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s additional consent, provide any information related to the Client (personal data / as well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required according to the specific need), to “Georgian Post” ltd, which, in each specific case) its turn, undertakes to Georgian Post LLC and/or other courier/postal service provider(s). The latterobserve confidentiality of the information, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 2 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 7.10.4 To ensure simple, efficient and timely communication with provide the Client, without requesting an additional consent from the Client, suppply any amount of client data necessary information (including the Clientclient’s personal data / confidential information constituting banking secrecydata) without limitation required for rendering of services (as required in each specific caseincluding proposal of various banking/credit product(s)) to Georgian Post LLC and/or other courier/postal the client through remote banking services (ATM, quick payment terminal, etc.), to the tax service provider(s). The latter, on which are in contractual relations with the JSC TBC Bank and which, in their partturn, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure protect confidentiality of the information supplied information, provided by the Bank.
7.6 7.10.5 For the purpose of simplification, efficient and timely implementation of communication with Client, without the Client’s additional consent, provide any information related to the Client (personal data as well as the information, containing bank secret (confidential information)), without limitation, in any volume (according to the specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 7.12 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 2 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various services/products and services (including insurance products/service) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943)bank's subsidiaries, including to TBC Insurance JSC (ID identification code: 405042804) or any other affiliate(s), TNET LLC which, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.4 Supply payment service providers having contractual relationship with JSC TBC Bank with all relevant information (ID 402116474including the Client’s personal data) that are necessary for providing the Client with banking/payment services (including various banking/credit facility offer(s)) through remote banking/payment channels/ payment service tools (AMTs, fast payment terminals, etc.), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latterwhile the providers, on their part, undertake to keep the information provided by confidential.
7.10.5 For the Bank confidential;
7.5.5 To ensure simplepurpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latteradditional consent, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) provide any information on related to the Client (personal datadata as well as the information, including the containing bank secret (confidential information comprising the bank secrecy) information)), without limitation, in any amount, without restriction and seeking the Client’s further approval, volume (according to the rule established specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the lawBank.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, while TBC Insurance JSC shall be committed to non-disclosure transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.6 7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 7.12 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by given to the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels/electronic/digital communication channels /the means of electronic communication (ATM, fast quick payment terminalskiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xxxxx.xxxxxxxxx.xx , the call centercentre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) shall have has the same legal force effect as a hard-copy document printed letter of consent signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 2 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (s), which, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.4 Supply payment service providers having contractual relationship with JSC TBC Bank with all relevant information (including those related to insurancethe Client’s personal data) that are necessary for providing the Client with banking/payment services (including various banking/credit facility offer(s)) through remote banking/payment channels/ payment service tools (AMTs, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856fast payment terminals, etc.), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or while the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latterproviders, on their part, undertake to keep the information provided by confidential.
7.10.5 For the Bank confidential;
7.5.5 To ensure simplepurpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latteradditional consent, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) provide any information on related to the Client (personal datadata as well as the information, including the containing bank secret (confidential information comprising the bank secrecy) information)), without limitation, in any amount, without restriction and seeking the Client’s further approval, volume (according to the rule established specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the lawBank.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, while TBC Insurance JSC shall be committed to non-disclosure transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.6 7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 7.12 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by given to the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels/electronic/digital communication channels /the means of electronic communication (ATM, fast quick payment terminalskiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xxxxx.xxxxxxxxx.xx , the call centercentre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) shall have has the same legal force effect as a hard-copy document printed letter of consent signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 2 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 7.10.3 Supply information (including the CustomerClient’s personal data) necessary for offering and providing rendering various products and services services/facilities (including insurance, appraisal, measurement facilities/services) to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members member companies of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET TBC Net LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC RedMed LLC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 7.10.4 Supply information (including the Client’s/its duly authorized representativeClient’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, to transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.12 The Parties agree that the Client’s consent given to the Bank via various remote banking channels/electronic/digital communication channels (ATM, quick payment kiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xx , the call centre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) has the same legal effect as a printed letter of consent signed by the Client.
7.13 The Client confirms that he/she/it she is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank websitehttps://xxx.xxxxxxx.xx/xxx/xxxxxxxxx/00000/000000/XXXXXXX+XXXXXX+XXX+00.00.0000.xxx that covers issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various services/products and services (including insurance products/service) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943)bank's subsidiaries, including to TBC Insurance JSC (ID identification code: 405042804) or any other affiliate(s), TNET LLC (ID 402116474)which, Marjanishvili 7 LLC (ID 402168998)in turn, Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake assume the obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s additional consent, provide any information related to the Client (personal data / as well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required according to the specific need), to “Georgian Post” ltd, which, in each specific case) its turn, undertakes to Georgian Post LLC and/or other courier/postal service provider(s). The latterobserve confidentiality of the information, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for dul the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.,
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various services/products and services (including insurance products/service) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943)bank's subsidiaries, including to TBC Insurance JSC (ID identification code: 405042804) or any other affiliate(s), TNET LLC (ID 402116474)which, Marjanishvili 7 LLC (ID 402168998)in turn, Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake assume the obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s additional consent, provide any information related to the Client (personal data / as well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required according to the specific need), to “Georgian Post” ltd, which, in each specific case) its turn, undertakes to Georgian Post LLC and/or other courier/postal service provider(s). The latterobserve confidentiality of the information, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank website xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information htehreeoinf formation submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third partyparthya) that t endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third trhdi party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide prodvei customer/borrower. the third party with information on the current liabilities/duties of the customer/borrower.the
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false lfsae and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information thineformation connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations bankionpgerations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the LQIRUPDWLRQ GRHV QRW YLRODWH WKH FOLHQW¶V LQWHUHVWV L bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible responbslie for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and rerequaind receive information regarding the client (including personal data) form Agency of National Register, from Registferro,m the Public Services Development Agency and/or other bodies/person having.havin. g
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution instituntio ensures archiving rachiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the thoet company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiaylitof the information provided by the bank.
7.5.3 As necessary, submit to the auditors, consultants, advisers and natural persons and legal entities of any other xxxxxx category any information on the Customer and any contract concluded with the Customer whicinh,turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information7.5.4 6XSSO\ LQIRUPDWLRQ LQFOXGLQJ WKH &OLHQW¶V SHUVRQDO GD insurance facilities/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different personsservices) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) thCe lient to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC JS (ID 405042804), TNET All property G LLC (ID 402116474404449272), Marjanishvili 7 LLC RedMLeLdC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;confident.ial
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent additioncaol nsent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting &OLHQW VXSSSO\ DQ\ DPRXQW RI FOLHQW GDWD LQFOXGLQJ banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other couriercouriear/postal lpost service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.pWKH %DQN¶V PDL. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.O WR WKH DGGUHVVHH
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurateauthentica,ccurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute anedxecute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance therfopremance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated misle,acdheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds sufficiegnrtounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(sVKDUHKROGHUV PDQDJHPHQW RU WKH PHPEHUV RI LWV H[ beneficialowner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:therewith.
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons $UH QRW ZLOO QRW EH RQ WKH 81¶V DQG RU (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter 8¶V DQG &RQWURO WKH 86 'HSDUWPHQW RI 6WDWH¶V 86 'HSDUW jointly and individually or severally referred to as the Authorized Person(s)), and/or is notParty/will not be subjected to a ies) sanction lists (for hereinafter referred as the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set ³6DQFWLRQ /LVW´ LQFOXGLQJ DJDLQVW DEHWWLQJ WHUU periodically introduced by the above Authorized Persons).Party/ise;
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.$UH QRW ZLOO QRW EH UHVLGHQWV RI D VWDWH VXEMHFW
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will Will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply information (including the CustomerClient’s personal data) necessary for offering and providing various products and services to the Customer Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET TBC Net LLC (ID 402116474), Marjanishvili Xxxxxxxxxxxxx 7 LLC (ID 402168998), Space International JSC RedMed LLC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply supply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank website xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial entrepreneriual activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms andconfirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assetsand/aosr sets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known becamkenown to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National tNioanal Register, from the Public Services Development Agency and/or other bodies/person having.ha.ving
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the hwtiht e bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions adviserds naantural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various services/products and services (including insurance products/service) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943)bank's subsidiaries, including to TBC Insurance JSC (ID 405042804identification code: 404520804) or any other affiliate(s), TNET LLC (ID 402116474)which, Marjanishvili 7 LLC (ID 402168998)in turn, Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake assume the obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / additional consent, provide any informat well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required in each specific case) according to Georgian Post LLC and/or other courier/postal service provider(s). The latterthe spwehicchi, on their partinfiits cturn,nunedeertdak)es,to to “Xxxxxx observe confidentiality of the information, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance receto itravnsifenr tgo TBaCnInsuiranncse JuSrC a(candc/coede facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including incliundg the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 7–.47.5 of this Agreement and refuses to recover the damage, caused by disclosure of disclosuroef the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases thedatabases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for ^ƵƉƉůLJ ŝŶĨŽƌŵĂƚŝŽŶ ;ŝŶĐůƵĚŝŶŐ ƚŚĞ ůŝĞŶƚ͛ƐͬŝƚƐ ĚƵů the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s ;ŝŶĐůƵĚŝŶŐ ďĂŶŬŝŶŐͬĐƌĞĚŝƚ confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.,
Appears in 1 contract
Samples: Banking Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various services/products and services (including insurance products/service) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943)bank's subsidiaries, including to TBC Insurance JSC (ID identification code: 405042804) or any other affiliate(s), TNET LLC which, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.4 Supply payment service providers having contractual relationship with JSC TBC Bank with all relevant information (ID 402116474including the Client’s personal data) that are necessary for providing the Client with banking/payment services (including various banking/credit facility offer(s)) through remote banking/payment channels/ payment service tools (AMTs, fast payment terminals, etc.), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latterwhile the providers, on their part, undertake to keep the information provided by confidential.
7.10.5 For the Bank confidential;
7.5.5 To ensure simplepurpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latteradditional consent, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) provide any information on related to the Client (personal datadata as well as the information, including the containing bank secret (confidential information comprising the bank secrecy) information)), without limitation, in any amount, without restriction and seeking the Client’s further approval, volume (according to the rule established specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the lawBank.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, while TBC Insurance JSC shall be committed to non-disclosure transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.6 7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 7.12 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by given to the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels/electronic/digital communication channels /the means of electronic communication (ATM, fast quick payment terminalskiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xxxxx.xxxxxxxxx.xx , the call centercentre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) shall have has the same legal force effect as a hard-copy document printed letter of consent signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 7.10.4 To ensure simple, efficient and timely communication with provide the Client, without requesting an additional consent from the Client, suppply any amount of client data necessary information (including the Clientclient’s personal data / confidential information constituting banking secrecydata) without limitation required for rendering of services (as required in each specific caseincluding proposal of various banking/credit product(s)) to Georgian Post LLC and/or other courier/postal the client through remote banking services (ATM, quick payment terminal, etc.), to the tax service provider(s). The latter, on which are in contractual relations with the JSC TBC Bank and which, in their partturn, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure protect confidentiality of the information supplied information, provided by the Bank.
7.6 7.10.5 For the purpose of simplification, efficient and timely implementation of communication with Client, without the Client’s additional consent, provide any information related to the Client (personal data as well as the information, containing bank secret (confidential information)), without limitation, in any volume (according to the specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial entrepreneruial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms cnofirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assetsand/orsaests;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, ,and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal theCriminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s execu tivVe XSHUYLVRU\ ERG\ DV ZHO beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the DQ\ SHUVRQ WKDW DFFRUGLQJ WR WKH %DQN¶V DVVHVVPHQ sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addresseebank.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 7.10.3 Submit the information (including personal data on the client) necessary for offering and delivering various services/products (including insurance products/service) to the client to the bank's subsidiaries, including to TBC Insurance JSC (identification code: 405042804) or any other affiliate(s), which, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 7.10.5 For the purpose of simplification, efficient and timely implementation of communication with Client, without the Client’s additional consent, provide any information related to the Client (personal data as well as the information, containing bank secret (confidential information)), without limitation, in any volume (according to the specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the Bank.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, to transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.12 The Parties agree that the Client’s consent given to the Bank via various remote banking channels/electronic/digital communication channels (ATM, quick payment kiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xx , the call centre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) has the same legal effect as a printed letter of consent signed by the Client.
7.13 The Client confirms that he/she/it she is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank websitehttps://xxx.xxxxxxx.xx/xxx/xxxxxxxxx/00000/000000/XXXXXXX+XXXXXX+XXX+00.00.0000.xxx that covers issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and PIN code) being received by a third person via ATM or quick payment terminal.
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 7.10.4 To ensure simple, efficient and timely communication with provide the Client, without requesting an additional consent from the Client, suppply any amount of client data necessary information (including the Clientclient’s personal data / confidential information constituting banking secrecydata) without limitation required for rendering of services (as required in each specific caseincluding proposal of various banking/credit product(s)) to Georgian Post LLC and/or other courier/postal the client through remote banking services (ATM, quick payment terminal, etc.), to the tax service provider(s). The latter, on which are in contractual relations with the JSC TBC Bank and which, in their partturn, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure protect confidentiality of the information supplied information, provided by the Bank.
7.6 7.10.5 For the purpose of simplification, efficient and timely implementation of communication with Client, without the Client’s additional consent, provide any information related to the Client (personal data as well as the information, containing bank secret (confidential information)), without limitation, in any volume (according to the specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply information (including the CustomerClient’s personal data) necessary for offering and providing various products and services to the Customer Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET TBC Net LLC (ID 402116474), Marjanishvili Xxxxxxxxxxxxx 7 LLC (ID 402168998), Space International JSC RedMed LLC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank website xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the bank.
7.10.4 To provide the necessary information (including the client’s personal data) required for rendering of services (including proposal of various banking/credit product(s)) to the client through remote banking services (ATM, quick payment terminal, etc.), to the tax service provider(s), which are in contractual relations with the JSC TBC Bank confidential;and which, in their turn, undertake to protect confidentiality of the information, provided by the Bank.
7.5.5 To ensure simple7.10.5 For the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latteradditional consent, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) provide any information on related to the Client (personal datadata as well as the information, including the containing bank secret (confidential information comprising the bank secrecy) information)), without limitation, in any amount, without restriction and seeking the Client’s further approval, volume (according to the rule established specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the lawBank.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, while TBC Insurance JSC shall be committed to non-disclosure transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.6 7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 7.12 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information htehreeoinf formation submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third partyparthya) that t endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third trhdi party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide prodvei customer/borrower. the third party with information on the current liabilities/duties of the customer/borrower.the
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false lfsae and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information thineformation connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations bankionpgerations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the i bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible responbslie for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and rerequaind receive information regarding the client (including personal data) form Agency of National Register, from Registferro,m the Public Services Development Agency and/or other bodies/person having.havin. g
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution instituntio ensures archiving rachiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the thoet company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiaylitof the information provided by the bank.
7.5.3 As necessary, submit to the auditors, consultants, advisers and natural persons and legal entities of any other xxxxxx category any information on the Customer and any contract concluded with the Customer whicinh,turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the CustomerClient’s personal datada insurance facilities/services) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) thCe lient to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC JS (ID 405042804), TNET All property G LLC (ID 402116474404449272), Marjanishvili 7 LLC RedMLeLdC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;confident.ial
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent additioncaol nsent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other couriercouriear/postal lpost service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail mai. l to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cadrecteo itravnsifenr tgo TBaC nInsurianncesJuSCr(acand/code 405042804) any information ccoed0e540f42a80c4)ianly iinfotrmya,tion on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approvalCaInpsuprarncoe vJSaCl, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 7.4–7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the thseonalCdaltai(iencnlutdin’g sthe dcatoa nretsrieevendtby thfeor Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic erloenctic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hardha-copy rcdopy document signed by the Client.
7.8 Supply information (including the Client’sincultuhdoirnigzetdhereCplrieesnetn’tsa/its duly authorized representative’s personal data) necessary for the provision titvse’sdulpyersao of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment pmaeynt kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the informationtheorinmfation/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank website xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 7.10.3 Supply information (including the CustomerClient’s personal data) necessary for offering and providing rendering various products and services services/facilities (including insurance, appraisal, measurement facilities/services) to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members member companies of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET TBC Net LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC RedMed LLC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 7.10.4 Supply information (including the Client’s/its duly authorized representativeClient’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, to transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.12 The Parties agree that the Client’s consent given to the Bank via various remote banking channels/electronic/digital communication channels (ATM, quick payment kiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xx , the call centre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) has the same legal effect as a printed letter of consent signed by the Client.
7.13 The Client confirms that he/she/it she is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank websitehttps://xxx.xxxxxxx.xx/xxx/xxxxxxxxx/00000/000000/XXXXXXX+XXXXXX+XXX+00.00.0000.xxx that covers issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latteradditional consent, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) provide any information on related to the Client (personal datadata as well as the information, including the containing bank secret (confidential information comprising the bank secrecy) information)), without limitation, in any amount, without restriction and seeking the Client’s further approval, volume (according to the rule established by the lawspecific need), while TBC Insurance JSC shall be committed to non-disclosure “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information supplied information, provided by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank7.6 The Client hereby consents, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information simplifying service provided by the bank.
7.5.3 Transfer any information/data , through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the Client and any deal made with bank products of the Client, including any informationcurrent (monthly) loan due payments without showing total outstanding payments, information about accounts/data about the Client as the Borrower, Surety, Pledgor, Owner plastic card(s) by showing final 4 digits of the Mortgaged Item and/or any deal made with (any ofaccount(s) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons/ plastic card(s) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(snumber(s).
7.7 The Parties Client hereby agree that consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s consent bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for processing his/her personal data (including payment of different services or fees, also information about the data retrieved proposals made by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary bank for the provision of banking/payment services to the Client (including bankingcredit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit offer(s)/ product).
7.8 The Client hereby consents, for simplifying service provided by the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMsbank, payment kiosks, etc.through ATM(s) to third parties receive information about offers the bank has made to the client (including online payment service provider(s)on credit products) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.accept
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:therewith.
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA Office of Foreign assets Control (OFAC), the State Department, the Ministry of Trade and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), including for abetting terrorism and/or is not/will not be subjected for any other actions identified by authorized persons from time to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons)time.
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictionsParties’ embargo.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or List or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctionsthe Authorized Party/restrictionsies’ embargo.
7.1.1.6.4 Has Will not entered/ will not enter into finance and/or transfer any deal (including, will not support the signing of a deal)asset/property, whether directly or indirectly, including through third party mediation, with regard to any person and/or association that is/will be included in the Sanction List or is a resident of a state subjected to the partyAuthorized Party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictionsies’ embargo.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) Submit to the Bank’s auditors, consultants, advisorsadvisers, international financial institutions and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”)category, as necessary / necessary/within the scope of responsibility(ies)/terms and conditions of obligations/term(s)under the agreement Agreement concluded with the Contractor and/or if requested by the Contractormentioned entities, inter alia, to enable the Contractor to conduct an auditincluding for auditing/assessmentassessing/inspectioninspecting/analysis of analysing the Bank and/or the Bank’s clients. The Contractor shall process the Bank Customers by International Financial Institutions, any information/data/deals for data on the purposes of the agreement made Customer and any deal signed with the Bank/Customer who, in turn, assume the Client. The Contractor, on his/her/its part, shall obligation to keep confidentiality of the information provided by the Bank confidential;bank
7.5.4 Supply information (including the CustomerClient’s personal data) necessary for offering and providing various products and services to the Customer Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET LLC (ID I/C 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ Confidentiality Policy published on the Bank’s Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal informationdata/confidentiality issuesconfidentiality.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policyxxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee-protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ Confidentiality Policy published on the Bank’s Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal informationdata/confidentiality issuesconfidentiality.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addresseebank.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application palpication by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the purpos,ethse customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be shallbe under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, legiisolna,t or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in XVXDO EDQNLQJ RSHUDWLRQV DQG EULQJLQJ RXW RI VXFK accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services seicrves the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.ha.ving
7.5 The Client hereby consents herebyconsents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed disterssed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes assumehset obligation to keep confidentiality of the information provided by the bank.
7.5.3 As necessary, submit to the auditors, consultants, advisers and natural persons and legal entities of any other similar category any information on the Customer and any contraccotncluded with the Customer which, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them 7.5.4 6XSSO\ LQIRUPDWLRQ LQFOXGLQJ WKH &OLHQW¶V SHUVRQD services (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different personsni surance facilities/services) to the Bank’s auditors, consultants, advisors, international financial institutions and other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”), as necessary / within the scope of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET Aoplleprrty G LLC (ID 402116474404449272), Marjanishvili 7 RedMed LLC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;confident.ial
7.5.5 To ensure simple, efficient and timely communication with the ClientClniet, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal DGGLWLRQDO FRQVHQW IURP WKH &OLHQW VXSSSO\ DQ\ DPR data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post GeorgniaPost LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep SDUW XQGHUWDNH WR NHHS WKH LQIRUPDWLRQ SURYLGHG E\ the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
addresse.e 7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad)RU WKH &OLHQW¶V UHFHto LtraYnsLfeQr toJTBDC QInsurLanQceVJXSCU(DcaQd/code 405042804) any FcoHde IDFLOLW\ 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further FRPSULVLQJ WKH EDQN VHFUHF\ LQ DQ\ DPRXQW ZLWKRXW approval, according to the rule rlue established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis thebasis of p.p. 7.4 – 7.5 7.4±7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his7KH 3DUWLHV KHUHE\coDnsJenUt fHorHprocWesKsiDngWhis/her personal data (including hWeKr pHerso&naOl dLaHta Q(inWcl¶udVing the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s ;sYÐnZEsYŐ +SǦ nsǦY+’Cˇs+C EZnfl ǍZ+SŽdsfiǦ +SǦ ÐdŽ|sCsŽY ŽI áǍYUsYŐˇÐǍflwǦY+ CǦd|sÐǦC +Ž +SǦ confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.,
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 7.10.3 Supply information (including the CustomerClient’s personal data) necessary for offering and providing rendering various products and services (including insurance facilities/services) to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET All property G LLC (ID 402116474404449272), Marjanishvili 7 RedMed LLC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 7.10.4 Supply information (including the Client’s/its duly authorized representativeClient’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, to transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.12 The Parties agree that the Client’s consent given to the Bank via various remote banking channels/electronic/digital communication channels (ATM, quick payment kiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xx , the call centre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) has the same legal effect as a printed letter of consent signed by the Client.
7.13 The Client confirms that he/she/it she is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank websitehttps://xxx.xxxxxxx.xx/xxx/xxxxxxxxx/00000/000000/XXXXXXX+XXXXXX+XXX+00.00.0000.xxx that covers issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply information (including the CustomerClient’s personal data) necessary for offering and providing rendering various products and services (including insurance facilities/services) to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET All property G LLC (ID 402116474404449272), Marjanishvili 7 RedMed LLC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank website xxxx://xxx.xxxxxxx.xx/web/en/web/guest/privacy-policy-en that regulates issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Transactions Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.10.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 7.10.4 To ensure simple, efficient and timely communication with provide the Client, without requesting an additional consent from the Client, suppply any amount of client data necessary information (including the Clientclient’s personal data / confidential information constituting banking secrecydata) without limitation required for rendering of services (as required in each specific caseincluding proposal of various banking/credit product(s)) to Georgian Post LLC and/or other courier/postal the client through remote banking services (ATM, quick payment terminal, etc.), to the tax service provider(s). The latter, on which are in contractual relations with the JSC TBC Bank and which, in their partturn, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure protect confidentiality of the information supplied information, provided by the Bank.
7.6 7.10.5 For the purpose of simplification, efficient and timely implementation of communication with Client, without the Client’s additional consent, provide any information related to the Client (personal data as well as the information, containing bank secret (confidential information)), without limitation, in any volume (according to the specific need), to “Georgian Post” ltd, which, in its turn, undertakes to observe confidentiality of the information, provided by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the byhte client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or statuosr entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customercustom/borrower beorrrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truththeuthr ) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information inforamtion does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of irpetcoef information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client lcient (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.ha.ving
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the tohe transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with accordancewith the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets distressedassets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessarys, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) ubmit to the Bank’s auditors, consultants, advisorsadvisers and natural persons and legal entities of any other similar category any information on the Customer and any contract concluded with the Customer which, international financial institutions in turn, assume the obligation to keep confidentialityfothe information provided by the bank.
7.5.4 Submit the information (including personal data on the client) necessary for offering and delivering various services (including offering different product(s)) to the client to the bank's subsidiaries or any other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”a filiate(s), as necessary / within which, in turn, assume the scope obligation to keep confidentiality of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Clienttcohnseent, suppply any amount of client data Cprolviideeannytin’fosrmataiondrdelaitetd ito othenCalielnt (including the Client’s personal data / as well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required in each specific case) according to Georgian Post LLC and/or other courier/postal service provider(sthe spetcurni, funidecrtakensetoed). The latter, on their partto observe confidentiality of the information, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cadrecteo itravnsifenr togTBaC nInsurianncesJuSCr(acand/code 405042804) any ccoede 405042804)any information on the Client (personal data, including the confidential codnefni tial information facility, comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further withou approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied suplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 7–.47.5 of this Agreement and refuses to recover the damage, caused by disclosure of the informationinfomration, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the tohfe Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If 7.6 The Client hereby consents, if the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the 7.7 The Client and any deal made with the Clienthereby consents, including any information/data about the Client as the Borrowernecessary, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.8 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addresseebank.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the byhte client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or statuosr entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customercustom/borrower beorrrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truththeuthr ) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in inforDmWLRQ GRHV QRW YLRODWH WKH accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of irpetcoef information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client lcient (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.ha.ving
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the tohe transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with accordancewith the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets distressedassets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessarys, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) ubmit to the Bank’s auditors, consultants, advisorsadvisers and natural persons and legal entities of any other similar category any information on the Customer and any contract concluded with the Customer which, international financial institutions in turn, assume the obligation to keep confidentialityfothe information provided by the bank.
7.5.4 Submit the information (including personal data on the client) necessary for offering and delivering various services (including offering different product(s)) to the client to the bank's subsidiaries or any other individuals or legal persons performing similar functions (hereinafter jointly referred to as the “Contractor”a filiate(s), as necessary / within which, in turn, assume the scope obligation to keep confidentiality of responsibility(ies)/terms and conditions of the agreement with the Contractor and/or if requested by the Contractor, inter alia, to enable the Contractor to conduct an audit/assessment/inspection/analysis of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;
7.5.4 Supply information (including the Customer’s personal data) necessary for offering and providing various products and services to the Customer (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with &OLHQW ZLWKRXW WcoKnsHen t, &proOvLideHaQnyWin¶foVrm atDionGrGelaLteWd Lto RtheQCDlieOnt (personal data as well as the Clientinformation, containing bank secret (confidential information)), without requesting an additional consent from the Clientlimitation, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latterLQ DQ\ YROXPH DFFRUGLQJ WR WKH VSHtFurnL, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure IunLdeFrta keQsHtoHG WR observe confidentiality of the information supplied information, provided by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The Client hereby consents authority of JSC TBC Bank:
7.9.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.9.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply 7.9.3 The Client hereby consents, submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer client to the bank's subsidiaries or any other affiliate (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addresseebank.
7.5.6 For 7.10 To provide the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply necessary information (including the Client’s/its duly authorized representativeclient’s personal data) necessary required for the provision rendering of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation proposal of various banking/credit facilitiesproduct(s)) via Remote Channels/to the client through remote banking services (ATM, quick payment tools (ATMs, payment kiosksterminal, etc.) ), to third parties (including online payment the tax service provider(s)) who perform personal identity verification , which are in compliance contractual relations with the law of Georgia JSC TBC Bank and which, in their turn, undertake to facilitate the provision protect confidentiality of the aforementioned services and who undertake to keep the information/data supplied , provided by the Bank confidentialBank.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 client declared and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx borrower agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 He/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For the purposes of improvement of the services the client grants the bank the right to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person having.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the ClientAs necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 Supply Submit the information (including personal data on the Customer’s personal dataclient) necessary for offering and providing delivering various products and services (including offering different product(s)) to the Customer (including those related client to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856the bank's subsidiaries or any other affiliate(s), Insurance Group GPI Holding JSC (ID 204426674)which, Insurance Company Unison (ID 404393152) and/or in turn, assume the members of TBC Bank Group PLC (#10029943), including TBC Insurance JSC (ID 405042804), TNET LLC (ID 402116474), Marjanishvili 7 LLC (ID 402168998), Space International JSC (ID 402178442) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake obligation to keep confidentiality of the information provided by the Bank confidential;bank.
7.5.5 To ensure simpleFor the purpose of simplification, efficient and timely implementation of communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s additional consent, provide any information related to the Client (personal data / as well as the information, containing bank secret (confidential information constituting banking secrecy) information)), without limitation limitation, in any volume (as required according to the specific need), to “Georgian Post” ltd, which, in each specific case) its turn, undertakes to Georgian Post LLC and/or other courier/postal service provider(s). The latterobserve confidentiality of the information, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any 405042804)any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 Supply information (including the Client’s/its duly authorized representative’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 The Client confirms that he/she/it is familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
CLIENT INFORMATION AND BANKING SECRECY. 7.1 The client declares that at the moment of receipt of its application by the bank as per paragraph 1.2 hereof the information submitted to the bank by the client (including information on its entrepreneurial activity, its status as a taxpayer) is authentic, accurate, complete and exhaustive. The client shall immediately notify the bank of any change in its identification data, contact information, status or entrepreneurial activity.
7.1.1 The client declared declares and confirms that:
7.1.1.1 he/she is duly authorized to conclude and execute this contract;
7.1.1.2 he/she is not involved in any court proceedings (as a plaintiff, defendant or a third party) that endangers fulfillment of a customer's obligations, or the customer's property and/or assets;
7.1.1.3 he/she will not refuse to fulfill the obligations provided for by this contract, also will not transfer his/her obligations to a third party. In addition, this provision does not stipulate that the customer/borrower shall personally fulfill the obligations, and does not exclude the bank's right to accept the performance proposed by a third party and for these purposes, the customer/xxxxxxxx agrees that the bank provide the third party with information on the current liabilities/duties of the customer/borrower.
7.1.1.4 Upon concluding this contract, he/she is not mislead, cheated or exposed to the violence or threat applied against him/her;
7.1.1.5 Hehe/she is aware that provision of false and/or incorrect (irrelevant to the truth) to the bank is subject to punishment under the Criminal Code of Georgia and constitutes sufficient grounds for the termination of this contract.
7.1.1.6 Anytime before the execution of this Agreement or during the validity period hereof, the Client, its shareholders, management or the members of its executive/supervisory body, as well as the Client’s beneficial owner(s) and/or the Parties affiliated therewith (including, for the purposes of this paragraph, any person that, according to the Bank’s assessment and inter alia, with regard to the purpose of the sanction(s), may have an influence on the person in question, or his/her/its decision(s), and/or directly or indirectly hold and/or control that person by way of close business, personal or other connections:
7.1.1.6.1 Are/will not be included in the list of the sanctioned persons (hereinafter the List of the Sanctioned Persons) by the United Nations (UN) and/or the European Union and/or the United Kingdom (United Kingdom of Great Britain and Northern Ireland) and/or the USA and/or Georgia and/or any other state and/or international organization (hereinafter jointly and individually referred to as the Authorized Person(s)), and/or is not/will not be subjected to a sanction (for the purposes of this paragraph, a sanction inter alia includes restriction, policy, prohibition, or other requirements set by the Authorized Persons).
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Person(s) comprehensive trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with any person and/or association that is/will be included in the Sanction List/is subjected to a sanction and/or is a resident of a state and/or operates on the territory subjected to comprehensive trade sanctions/restrictions.
7.1.1.6.4 Has not entered/ will not enter into any deal (including, will not support the signing of a deal), whether directly or indirectly, including through third party mediation, with regard to the party/property/asset/goods/services subjected to comprehensive and/or targeted and/or sectoral sanctions/restrictions.
7.2 The bank shall be under the obligation to keep in confidence the information connected with banking operations and accounts of the client and which became known to the bank as a result of business dealings with the client, except for the cases stipulated by the legislation, or if the information concerns usual banking operations and bringing out of such information does not violate the client’s interests (in accordance with Article 863 of Georgian Civil Code). This duty of the bank remains in force after the termination of this agreement.
7.3 The bank shall not be responsible for consequence(s) resulting from receipt of information by other party sent by the bank according to contact information supplied to the bank by the client.
7.4 For The client announces his/her consent that the purposes of improvement “TBC Bank” is authorized in accordance with rules and regulations of the services legislation with the aim of providing effective and unhindered service to the client grants and for the bank the right execution of this aim to require and receive information regarding the client (including personal data) form Agency of National Register, from the Public Services Development Agency and/or other bodies/person havingelectronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of JSC TBC Bank:
7.5.1 To Bank to transfer any application or the documents related to the transactions affected with the clients (including personal information) to the State archive or commercial organization working in this field for storage, provided that such institution ensures archiving and safe storing of the documents in accordance with the international standards.
7.5.2 7.6 The Client hereby consents, for simplifying service provided by the bank, through quick payment terminals, with identification based or birth date and personal number, to receive of limited information about the bank products of the Client, current (monthly) loan due payments without showing total outstanding payments, information about accounts/plastic card(s) by showing final 4 digits of account(s) / plastic card(s) number(s).
7.7 The Client hereby consents, for simplifying service provided by the bank, through the quick payment terminals, with identification based on plastic card and/or pin code of the Client, to receive information about the Client’s bank products, current loan(s) outstanding payments, total loan outstanding payments, information about account(s) and plastic card(s) and amounts available thereon, make transfers between own accounts and for payment of different services or fees, also information about the proposals made by the bank for the Client (including credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures. Prior to accepting the offers, the Bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the offered bank product (including credit product).
7.8 The Client hereby consents, for simplifying service provided by the bank, through ATM(s) to receive information about offers the bank has made to the client (including on credit products) and accept (confirm) desirable offers by fulfilling the bank-established procedures valuably, by means of identification of the client's plastic card and/or PIN code at ATM. Prior to accepting the offered bank product (including credit product), the bank may set additional mechanisms (requirements) for the client identification, at its own discretion. If the client ignores these additional mechanisms (requirements), he/she will not be able to accept (confirm) the bank product (including credit product)
7.9 The bank shall not be under the obligation for client’s personal information (private number and birth date or plastic card and/or PIN code) being received by a third person via ATM or quick payment terminal
7.10 The Client hereby consents authority of JSC TBC Bank:
7.10.1 If the customer fails to timely and/or duly fulfill the obligations undertaken before the bank, to ensure the management of distressed assets, it shall transfer to the company responsible for the management of distressed assets which is in a contractual relationship with the bank, any information on the Customer, and any contract concluded with the Customer which, in turn, assumes the obligation to keep confidentiality of the information provided by the bank.
7.5.3 Transfer any information/data about the Client and any deal made with the Client7.10.2 As necessary, including any information/data about the Client as the Borrower, Surety, Pledgor, Owner of the Mortgaged Item and/or any deal made with (any of) them (including if the Borrower, the Pledgor and the Owner of the Mortgaged Item are different persons) submit to the Bank’s auditors, consultants, advisors, international financial institutions advisers and natural persons and legal entities of any other individuals or legal persons performing similar functions (hereinafter jointly referred to as category any information on the “Contractor”), as necessary / within the scope of responsibility(ies)/terms Customer and conditions of the agreement any contract concluded with the Contractor and/or if requested by Customer which, in turn, assume the Contractor, inter alia, obligation to enable the Contractor to conduct an audit/assessment/inspection/analysis keep confidentiality of the Bank and/or the Bank’s clients. The Contractor shall process the information/data/deals for the purposes of the agreement made with the Bank/the Client. The Contractor, on his/her/its part, shall keep the information provided by the Bank confidential;bank.
7.5.4 7.10.3 Supply information (including the CustomerClient’s personal data) necessary for offering and providing rendering various products and services services/facilities (including insurance, appraisal, measurement facilities/services) to the Customer (including those related to insurance, valuation and measurement) Client to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI PGI Holding JSC (ID 204426674), Insurance Company Unison (ID 404393152) and/or the members member companies of TBC Bank Group PLC (#1002994300000000), including TBC Insurance JSC (ID 405042804), TNET All property G LLC (ID 402116474404449272), Marjanishvili 7 RedMed LLC (ID 402168998), Space International JSC (ID 402178442405341465) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.5.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.5.6 For the Client’s receiving an insurance facility, to transfer to TBC Insurance JSC (cad/code 405042804) any information on the Client (personal data, including the confidential information comprising the bank secrecy) in any amount, without restriction and seeking the Client’s further approval, according to the rule established by the law, while TBC Insurance JSC shall be committed to non-disclosure of the information supplied by the Bank.
7.6 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.7 The Parties hereby agree that the Client’s consent for processing his/her personal data (including the data retrieved by the Bank from the databases of the Public Service Development Agency, Credit Information Bureau, Revenue Service and other institutions) provided by him/her via various remote banking channels /the means of electronic communication (ATM, fast payment terminals, internet banking, mobile banking, xxx.xxxxxxxxx.xx, the call center, etc.) shall have the same legal force as a hard-copy document signed by the Client.
7.8 7.10.4 Supply information (including the Client’s/its duly authorized representativeClient’s personal data) necessary for the provision of banking/payment services to the Client (including banking/credit offer(s)/ the Client’s confirmation of various banking/credit facilities) via Remote Channels/payment tools (ATMs, payment kiosks, etc.) to third parties (including online payment service provider(s)) who perform personal identity verification in compliance with the law of Georgia to facilitate the provision of the aforementioned services and who undertake to keep the information/data supplied by the Bank confidential.
7.9 7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, suppply any amount of client data (including the Client’s personal data / confidential information constituting banking secrecy) without limitation (as required in each specific case) to Georgian Post LLC and/or other courier/postal service provider(s). The latter, on their part, undertake to keep the information provided by the Bank confidential deliver the Bank’s mail to the addressee.
7.10.6 In order to provide efficient and uninterrupted banking service to the client, to transfer personal information about the Client necessary for the accomplishment of the mentioned goal, to research companies with relevant reputation, which on their part undertake to keep confidential the information supplied by the Bank.
7.11 The Client releases the Bank from the obligation of observance of confidentiality of information, received/ provided on the basis of p.p. 7.4 – 7.5 and 7.10 of this Agreement and refuses to recover the damage, caused by disclosure of the information, described in the above mentioned paragraphs by the Bank or its transfer to the third person(s).
7.12 The Parties agree that the Client’s consent given to the Bank via various remote banking channels/electronic/digital communication channels (ATM, quick payment kiosks, internet banking, mobile banking, xxx.xxxxxxxxx.xx , the call centre, confirmation by an SMS code sent to the Client’s mobile phone) for processing his/her private data (including the Bank’s retrieval and processing of the data from the databases of LEPL Public Service Development Agency, Credit Info Bureau, Revenue Service, etc.) has the same legal effect as a printed letter of consent signed by the Client.
7.13 The Client confirms that he/she/it she is closely familiar with the „Privacy Policy“ published on the Bank’s website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN, which covers personal information/confidentiality issues.
7.10 The Client represents and warrants that it has read the Bank’s Employee Discrimination, Violence and Harassment Confidentiality Policy published on the Bank’s web-site (xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/employee- protection-policy), fully agrees thereto and is aware of possible legal consequences of the breach of the Policy under Article 20 hereofBank websitehttps://xxx.xxxxxxx.xx/xxx/xxxxxxxxx/00000/000000/XXXXXXX+XXXXXX+XXX+00.00.0000.xxx that covers issues related to personal data/confidentiality.
Appears in 1 contract
Samples: Banking Operations Agreement