22.1 In respect of any personal data that the Corporate Account Customer will be or may be disclosing to BOC, the Corporate Account Customer represents, undertakes and warrants that:
(a) any personal data of individuals that Corporate Account Customer will be or may be disclosing or discloses to BOC, that Corporate Account Customer would have prior to disclosing such personal data to BOC obtained consent from the individuals whose personal data are being disclosed, to:
(i) permit the Corporate Account Customer to disclose the individuals’ personal data to BOC for:
A. considering and/or processing the Corporate Account Customer's application for Account opening/transaction (including the processing of any application for Services);
B. conducting credit checks, due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations or BOC’s risk management procedures that may be required by law or that may have been put in place by BOC; and
C. providing updates on changes to the Services including any additions, expansions, suspensions and replacements of the Services.
(ii) permit BOC and its related corporations to collect, use, disclose and/or process the individuals’ personal data for:
A. considering and/or processing the Corporate Account Customer's application for account opening/transaction (including the processing of any application for Services);
B. facilitating, processing, dealing with, administering, managing and/or maintaining the Corporate Account Customer's relationship with BOC;
C. carrying out the Corporate Account Customer's instructions or responding to any enquiry given by (or purported to be given by) the Corporate Account Customer or on the Corporate Account Customer's behalf;
D. contacting the individual or communicating with the individual via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing the Corporate Account Customer's relationship with BOC such as but not limited to communicating information to the individual related to the Account or Services;
E. dealing in any matters relating to the Services which the Corporate Account Customer is entitled to under the Corporate Account Customer's contract with BOC including performing the contract;
F. carrying out credit checks, due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations or BOC’s risk management procedures that may be required by law or that may have been put in place by BOC;
G. preventing or investigating potential fraud, unlawful activity or omission or misconduct, whether relating to the Corporate Account Customer's relationship with BOC or any other matter arising from the Corporate Account Customer's relationship with BOC, and whether or not there is any suspicion of the aforementioned;
H. complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including meeting the requirements to make disclosure under the requirements of any law binding on BOC and/or for the purposes of any guidelines issued by regulatory or other authorities, whether in Singapore or elsewhere, with which BOC is expected to comply;
I. complying with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (including but not limited to the Monetary Authority of Singapore, Inland Revenue Authority of Singapore, Insolvency & Public Trustee’s Office, Commercial Affairs Department and courts). For the avoidance of doubt, this means that BOC may/will disclose the individual’s personal data to the aforementioned parties upon their request or direction;
J. conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve BOC's Services and facilities in order to enhance BOC's relationship with the Corporate Account Customer or for the Corporate Account Customer's benefit, or to improve any of BOC's Services and facilities for the Corporate Account Customer's benefit;
K. storing, hosting, backing up (whether for disaster recovery or otherwise) of the Corporate Account Customer's personal data, whether within or outside Singapore;
L. financial reporting, regulatory reporting, management reporting, risk management (including monitoring risk exposure), audit, and record-keeping purposes;
M. the disclosure purposes to the third parties as set out in Clause 20.3 above; and
N. any other purpose reasonably related to the aforesaid.
(collectively, the “Purposes”).
(iii) permit BOC to sell, promote and market BOC’s products or services to the individual, by various modes of communication including postal, email, voice call, SMS and/or fax;
(b) at the request of BOC, the Corporate Account Customer will use such form(s) or document(s) provided by BOC in obtaining such consents from the individuals in question as may be necessary (for the avoidance of doubt, BOC is under no obligation to Corporate Account Customer to create any such form(s) or document(s));
(c) the Corporate Account Customer will notify BOC promptly upon its becoming aware of the withdrawal by the relevant individual of his/her consent to the collection, processing, use and/or disclosure by BOC of any personal data provided by the Corporate Account Customer to BOC;
(d) any personal data that the Corporate Account Customer will be or is disclosing to BOC are accurate. Further, the Corporate Account Customer shall give BOC notice in writing as soon as reasonably practicable should it be aware that any such personal data has been updated and/or changed after such disclosure;
(e) the Corporate Account Customer shall at the request of BOC, assist BOC to comply with the PDPA. In this regard and without limiting the generality of the foregoing, this includes but is not limited to the Corporate Account Customer executing such further documents as BOC may require and/or the Corporate Account Customer making arrangements for additional form(s) and consent(s) to be completed and signed by individuals whose personal data are provided by the Corporate Account Customer to BOC; and
(f) for any personal data that the Corporate Account Customer will be or may be disclosing or discloses to BOC, that the Corporate Account Customer is validly acting on behalf of such individuals and that the Corporate Account Customer has the authority of such individuals to provide their personal data to BOC and for BOC to collect, use, disclose and process such personal data for the Purposes.
22.2 Without prejudice to the foregoing sub-provisions, the Corporate Account Customer shall ensure that it complies with PDPA, and that the Corporate Account Customer will not do anything and not omit to do anything that will cause BOC and/or its related corporations to be in breach of any provision or requirement of the PDPA including regulations issued under the PDPA, whether now or in the future.
22.3 The Corporate Account Customer undertakes to indemnify and at all times hereafter to keep BOC and its related corporations (together with their respective officers, employees and agents) (each an “Injured Party”) indemnified against any and all losses, damages, actions, proceedings, costs, claims, demands, liabilities (including full legal costs on a solicitor and own client basis) which may be suffered or incurred by the Injured Party or asserted against the Injured Party by any person or entity (including the Corporate Account Customer and its agents) whatsoever, in respect of any matter or event whatsoever arising out of, in the course of, by reason of or in respect of:
22.4 For the avoidance of doubt, in the event that any of the individuals whose personal data that the Corporate Account Customer has provided to BOC, withdraws his/her consent from, or seeks access or correction of his/her personal data with BOC, BOC is under no obligation to the Corporate Account Customer to notify the Corporate Account Customer of such withdrawal, access or correction request. Additionally, if as a result of such withdrawal of consent or access or correction request, BOC is unable to perform the contract with the Corporate Account Customer then BOC shall not be liable for any inability to perform where such inability arises from such withdrawal, access or correction request.
22.5 Any consent given pursuant to this Clause 22 in relation to personal data shall survive death, incapacity, bankruptcy or insolvency of any such individual and the termination or expiration of the Account, Services and/or these Terms and Conditions.
