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 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 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 and/or the Parties affiliated 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 for any other actions identified by authorized persons from time to time. 7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Parties’ embargo. 7.1.1.6.3 Has not entered/ will not enter into any 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 or is a resident of a state subjected to the Authorized Party/ies’ embargo. 7.1.1.6.4 Will not finance and/or transfer any asset/property, whether directly or indirectly, including through third party mediation, 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 Authorized Party/ies’ 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 The client announces his/her consent that the Bank is authorized in accordance with rules and regulations of the legislation with the aim of providing effective and unhindered service to the client and for the execution of this aim to receive from the Public Services Development Agency electronic data base the necessary for the bank client’s personal information. 7.5 The Client hereby consents authority of The 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. 7.6 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 The 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. 7.10.2 Submit to the auditors, consultants, advisers, international financial institutions and natural persons and legal entities of any other similar category, as necessary/within the obligations/term(s)under the Agreement concluded with the mentioned entities, including for auditing/assessing/inspecting/analysing the Bank and/or the Bank Customers by International Financial Institutions, any information/data on the Customer and any deal signed with the Customer who, in turn, assume the obligation to keep confidentiality of the information provided by the bank. 7.10.3 Supply information (including the Client’s personal data) necessary for offering and providing various products and services to the Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674) and/or the members of TBC Bank Group PLC (#00000000), including TBC Insurance JSC (ID 405042804), TNET LLC (I/C 402116474), Marjanishvili 7 LLC (ID 402168998) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential; 7.10.4 Supply information (including the Client’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. 7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, 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. 7.10.6 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 is closely familiar with the Confidentiality Policy published on the Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN that covers issues related to personal data/confidentiality. 7.14 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 17 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 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 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 and/or the Parties affiliated 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 for any other actions identified by authorized persons from time to time.;
7.1.1.6.2 Are not/will not be residents of a state subjected subject to the Authorized Partiesauthorized persons’ embargototal trade sanctions/restrictions.
7.1.1.6.3 Has not entered/ will not enter into any 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 or of the Sanctioned Persons and/or is a resident of a state subjected subject to the Authorized Partytotal trade sanctions/ies’ embargorestrictions.
7.1.1.6.4 Will not finance and/or transfer any asset/property, whether directly or indirectly, including through third party mediation, to any person and/or association that is/will be included in the Sanction List of the Sanctioned Persons or is a resident of a state subjected subject to the Authorized Partyauthorized persons’ total trade sanctions/ies’ embargorestrictions.
7.1.1.6.5 Has not entered / will not enter, whether directly or indirectly, including through third party mediation, into any deal related to an asset/property/goods/service subject to total 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 The client announces his/her consent that the Bank is authorized in accordance with rules and regulations of the legislation with the aim of providing effective and unhindered service to the client and for the execution of this aim to receive from the Public Services Development Agency electronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of The 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.
7.6 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- 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 The 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.
7.10.2 Submit to the auditors, consultants, advisers, international financial institutions and natural persons and legal entities of any other similar category, as necessary/within the obligations/term(s)under the Agreement concluded with the mentioned entities, including for auditing/assessing/inspecting/analysing the Bank and/or the Bank Customers by International Financial Institutions, any information/data on the Customer and any deal signed with the Customer who, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.3 Supply information (including the Client’s personal data) necessary for offering and providing various products and services to the Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674) and/or the members of TBC Bank Group PLC (#0000000010029943), including TBC Insurance JSC (ID 405042804), TNET LLC (I/C 402116474), Marjanishvili 7 LLC (ID 402168998) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.10.4 Supply information (including the Client’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.
7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, 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.
7.10.6 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 is closely familiar with the Confidentiality Policy published on the Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN that covers issues related to personal data/confidentiality.
7.14 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 17 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 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 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 and/or the Parties affiliated 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 for any other actions identified by authorized persons from time to time.
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Parties’ embargo.
7.1.1.6.3 Has not entered/ will not enter into any 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 or is a resident of a state subjected to the Authorized Party/ies’ embargo.
7.1.1.6.4 Will not finance and/or transfer any asset/property, whether directly or indirectly, including through third party mediation, 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 Authorized Party/ies’ 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 The client announces his/her consent that the Bank is authorized in accordance with rules and regulations of the legislation with the aim of providing effective and unhindered service to the client and for the execution of this aim to receive from the Public Services Development Agency electronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of The 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.
7.6 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- 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 The 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.
7.10.2 Submit to the auditors, consultants, advisers, international financial institutions and natural persons and legal entities of any other similar category, as necessary/within the obligations/term(s)under the Agreement concluded with the mentioned entities, including for auditing/assessing/inspecting/analysing the Bank and/or the Bank Customers by International Financial Institutions, any information/data on the Customer and any deal signed with the Customer who, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.3 Supply information (including the Client’s personal data) necessary for offering and providing various products and services to the Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674) and/or the members of TBC Bank Group PLC (#00000000), including TBC Insurance JSC (ID 405042804), TNET LLC (I/C 402116474), Marjanishvili 7 LLC (ID 402168998) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.10.4 Supply information (including the Client’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.
7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, 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.
7.10.6 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 is closely familiar with the Confidentiality Policy published on the Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN that covers issues related to personal data/confidentiality.
7.14 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 17 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 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 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 and/or the Parties affiliated 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 for any other actions identified by authorized persons from time to time.
7.1.1.6.2 Are not/will not be residents of a state subjected to the Authorized Parties’ embargo.
7.1.1.6.3 Has not entered/ will not enter into any 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 or is a resident of a state subjected to the Authorized Party/ies’ embargo.
7.1.1.6.4 Will not finance and/or transfer any asset/property, whether directly or indirectly, including through third party mediation, 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 Authorized Party/ies’ 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 The client announces his/her consent that the Bank is authorized in accordance with rules and regulations of the legislation with the aim of providing effective and unhindered service to the client and for the execution of this aim to receive from the Public Services Development Agency electronic data base the necessary for the bank client’s personal information.
7.5 The Client hereby consents authority of The 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.
7.6 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- 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 The 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.
7.10.2 Submit to the auditors, consultants, advisers, international financial institutions and natural persons and legal entities of any other similar category, as necessary/within the obligations/term(s)under the Agreement concluded with the mentioned entities, including for auditing/assessing/inspecting/analysing the Bank and/or the Bank Customers by International Financial Institutions, any information/data on the Customer and any deal signed with the Customer who, in turn, assume the obligation to keep confidentiality of the information provided by the bank.
7.10.3 Supply information (including the Client’s personal data) necessary for offering and providing various products and services to the Client (including those related to insurance, valuation and measurement) to International Insurance Company IRAO JSC (ID 205023856), Insurance Group GPI Holding JSC (ID 204426674) and/or the members of TBC Bank Group PLC (#0000000010029943), including TBC Insurance JSC (ID 405042804), TNET LLC (I/C 402116474), Marjanishvili 7 LLC (ID 402168998) and/or TBC Capital LLC (ID 204929961). The latter, on their part, undertake to keep the information provided by the Bank confidential;
7.10.4 Supply information (including the Client’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.
7.10.5 To ensure simple, efficient and timely communication with the Client, without requesting an additional consent from the Client, 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.
7.10.6 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 is closely familiar with the Confidentiality Policy published on the Bank website xxxxx://xxx.xxxxxxx.xx/web/documents/10184/476942/PRIVACY+POLICY+EN that covers issues related to personal data/confidentiality.
7.14 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 17 hereof.
Appears in 1 contract
Samples: Banking Operations Agreement
