Capitalised terms used in this Appendix shall have the following meanings:
‘Authorities’ includes any judicial, administrative, public or regulatory body, any government, any Tax Authority, securities or futures exchange, court, central bank or law enforcement body, or any of their agents with jurisdiction over any part of the HSBC Group.
‘Compliance Obligations’ means obligations of the HSBC Group to comply with: (a) Laws or international guidance and internal policies or procedures, (b) any demand from Authorities or reporting, disclosure or other obligations under Laws, and (c) Laws requiring us to verify the identity of our customers.
‘Connected Person’ means a natural person or legal entity (other than you) whose information (including Personal Data or Tax Information) you provide, or which is provided on your behalf, to any member of the HSBC Group or which is otherwise received by any member of the HSBC Group in connection with the provision of the Services. A Connected Person may include, but is not limited to, any guarantor, a director or officer of a company, partners or members of a partnership, any Substantial Owner, Controlling Person, or beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, payee of a designated payment, your representative, agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship with the HSBC Group.
‘Controlling Persons’ means individuals who exercise control over an entity. For a trust, these are the settlor, the trustees, the protector, the beneficiaries or class of beneficiaries, and anybody else who exercises ultimate effective control over the trust, and for entities other than a trust, these are persons in equivalent or similar positions of control.
‘Customer Information’ means any Personal Data, confidential information, and/or Tax Information relating to you or a Connected Person.
‘Financial Crime’ means money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or any acts or attempts to circumvent or violate any Laws relating to these matters.
‘Laws’ include any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, agreement between any member of the HSBC Group and an Authority, or agreement or treaty between Authorities and applicable to us or a member of the HSBC Group.
‘Personal Data’ means any information relating to an individual from which they can be identified.
‘Services’ includes (a) the opening, maintaining and closing of your bank accounts, (b) providing you with credit facilities and other banking products and services, processing applications, credit and eligibility assessment, and (c) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, audit and administrative purposes.
‘Substantial Owners’ means any individuals entitled to more than 10per cent of the profits of or with an interest in more than 10per cent of an entity either directly or indirectly.
‘Tax Authorities’ means UK or foreign tax, revenue or monetary authorities (for example, HMRC).
‘Tax Certification Forms’ means any forms or other documentation which may be issued or required by a Tax Authority or by us from time to time to confirm your tax status or the tax status of a Connected Person.
‘Tax Information’ means documentation or information about your tax status and the tax status of any owner, Controlling Person, Substantial Owner or beneficial owner.
Reference to the singular includes the plural (and vice versa).
- Collection, processing and sharing of Customer Information
- This Appendix explains how we will use Customer Information. By using the Services, you agree that we and other members of the HSBC Group may use Customer Information in accordance with this Appendix.
- Customer Information will not be disclosed to anyone, other than where:
- we are legally required to disclose;
- we have a public duty to disclose;
- our, or a third party’s, legitimate business purposes require disclosure;
- the disclosure is made with your consent; or
- it is disclosed as set out in this Appendix.
- We and other members of the HSBC Group may collect, use and share Customer Information (including information about you, your transactions, your use of our products and services, and your relationships with the HSBC Group). Customer Information may be requested by us, by any member of the HSBC Group, or by a third party on behalf of us or any member of the HSBC Group, and may be collected from you directly, from a person acting on your behalf, or from other sources (including from publicly available information), and it may be combined with other information available to us or any member of the HSBC Group.
- We will process, transfer and disclose Customer Information in connection with the following purposes (the ‘Purposes’):
- the provision of Services and to approve, manage, administer or effect any transactions that you request or authorise;
- meeting Compliance Obligations;
- conducting Financial Crime Risk Management Activity set out in paragraph 3 below;
- collecting any amounts due and outstanding from you;
- conducting credit checks and obtaining or providing credit references;
- enforcing or defending our rights, or those of a member of the HSBC Group;
- our internal operational requirements or those of any member of the HSBC Group (including credit and risk management, system or product development and planning, insurance, audit and administrative purposes);
- maintaining our overall relationship with you (including, if you agree, marketing or promoting financial services or related products, and market research) and
- verifying your identity.
- By using the Services, you agree that we may, as necessary and appropriate for the Purposes, transfer and disclose any Customer Information to the following recipients globally (who may also process, transfer and disclose such Customer Information for the Purposes):
- any member of the HSBC Group;
- any sub-contractors, agents or service providers of the HSBC Group (including their employees, directors and officers);
- any Authorities, in response to their requests, or where you have provided us with false or inaccurate information and Financial Crime is detected;
- persons acting on your behalf, payment recipients, beneficiaries, account nominees, intermediary, correspondent and agent banks, clearing houses, clearing or settlement systems, market counterparties, upstream withholding agents, swap or trade repositories, stock exchanges, companies in which you have an interest in securities (where such securities are held by us for you);
- any party to a transaction acquiring interest in, or assuming risk in, or in connection with, the Services;
- other financial institutions, fraud prevention organisations, trade associations, credit reference agencies or credit bureaux, and debt recovery agents;
- any third party fund manager who provides asset management services to you;
- any introducing broker to whom we provide introductions or referrals;
- any third party in connection with a transfer, disposal, merger or acquisition of business by us or any member of the HSBC Group;
- a card processing supplier where you require card services; and
- selected third parties for marketing purposes, where you have consented to marketing, wherever located, including in jurisdictions which do not have data protection laws providing the same level of protection as the jurisdiction in which the Services are supplied.
- Whether it is processed in a home jurisdiction or overseas, in accordance with data protection legislation, Customer Information will be protected by a strict code of secrecy and security to which all members of the HSBC Group, their staff and third parties to whom Customer Information is disclosed are subject.
- You agree to inform us promptly, and in any event within thirty days, in writing if you become aware of any changes to Customer Information supplied to us or a member of the HSBC Group from time to time, and to respond promptly to any request from us or a member of the HSBC Group.
- You must ensure that every Connected Person whose information (including Personal Data or Tax Information) you (or anyone else on your behalf) provided, or will from time to time provide, to us or a member of the HSBC Group has been notified of and agreed to the processing, disclosure and transfer of their information as set out in these Terms and Conditions before their information is provided. You must at the same time advise individuals that they have rights of access to, and correction of, their Personal Data.
- Where you fail to provide promptly Customer Information that we reasonably request or you withhold or withdraw any consents that we may need to process, transfer or disclose Customer Information for the Purposes (except for purposes connected with marketing or promoting products and services to you) or we have, or a member of the HSBC Group has, suspicions regarding Financial Crime or an associated risk, we may:
- be unable to provide new, or continue to provide all or part of any, Services to you and we reserve the right to terminate our relationship with you
- take actions necessary for us or a member of the HSBC Group to meet the Compliance Obligations and/or
- block, transfer or close your account(s) where permitted under local Laws.
- In addition, if you fail to supply promptly your, or a Connected Person’s, Tax Information and accompanying statements, waivers and consents, as may be requested, then we may make our own judgment with respect to your status, including whether you are reportable to a Tax Authority, and we or other persons may withhold amounts where legally required by any Tax Authority and pay such amounts to the appropriate Tax Authority.
- Accessing your information
Individuals can make a written request for a copy of the Personal Data we hold about them. The current fee is GBP10.00 per request from each individual.
- Financial Crime Risk Management Activity
- We, and members of the HSBC Group, are required, and may take any action to meet Compliance Obligations relating to or in connection with the detection, investigation and prevention of Financial Crime (‘Financial Crime Risk Management Activity’).
- Such action may include, but is not limited to:
- screening, intercepting and investigating any instruction, communication, drawdown request, application for Services, or any payment sent to or by you, or on your behalf,
- investigating the source of or intended recipient of funds,
- combining Customer Information with other related information in the possession of any member of the HSBC Group, and/or
- making further enquiries as to the status of a person or entity, whether they are subject to a sanctions regime, or confirming their identity and status.
- Exceptionally, our Financial Crime Risk Management Activity may lead to us delaying, blocking or refusing the making or clearing of any payment, the processing of your instructions or application for Services or the provision of all or part of the Services. To the extent permissible by law, neither we nor any other member of the HSBC Group shall be liable to you or any third party in respect of any loss (however it arose) that was suffered or incurred by you or a third party, caused in whole or in part in connection with the undertaking of Financial Crime Risk Management Activity.
- Tax compliance
- You acknowledge that you are solely responsible for understanding and complying with your tax obligations (including but not limited to, tax payment and filing of returns or other required documentation relating to the payment of all relevant taxes) in all jurisdictions in which those obligations arise and relating to the opening and use of account(s) and/or Services provided by us and/or members of the HSBC Group. Each Connected Person (acting in their capacity as a Connected Person and not in their personal capacity) also makes the same acknowledgement in their own regard. Certain countries may have tax legislation with extra-territorial effect regardless of your or any Connected Person’s place of domicile, residence, citizenship or incorporation.
- Neither we nor any member of the HSBC Group provide tax advice. You are advised to seek independent legal and/or tax advice. Neither we nor any member of the HSBC Group have responsibility in respect of your tax obligations in any jurisdiction in which they may arise including any that may relate specifically to the opening and use of account(s) and/or Services provided by us and/or members of the HSBC Group.
- Credit reference and fraud prevention
- If you apply for a current account or credit, we may use details of your credit history to assess your ability to meet your financial commitments. The credit reference agencies will record details which will form part of your credit history whether or not you proceed with your application. If you make several applications within a short period of time this may temporarily affect your ability to obtain credit. We may share details of how you manage any current accounts or borrowing from us with credit reference agencies.
- If we make demand for repayment following default and you fail to repay the full amount due or to make and keep to acceptable proposals for repayment within twenty-eight days we may (in the absence of any genuine dispute about the amount owed) register the default with the credit reference agencies. This may affect your ability to obtain further credit.
- Further details on credit scoring and explaining how information held by credit reference agencies and fraud prevention agencies may be used is set out in a leaflet entitled “Credit Scoring, Credit Reference and Fraud Prevention Agencies” available on our website hsbc.co.uk or by contacting us.
- Website and email personalisation
- When you use a computer or other device to access websites operated by or on behalf of the HSBC Group and associated third parties, information may be stored and accessed on that device:
- to improve your experience;
- to improve the functionality, security and performance of those websites;
- to provide you with promotional content; and/or
- to provide us with information about how those websites are used and how users arrive at those websites.
- In the event that you receive emails sent by or on behalf of the HSBC Group, such emails may contain technologies to track for market research purposes whether you opened those emails and whether you accessed internet links contained within those emails. You agree to information being stored, accessed and used in this way.
- Further information and marketing
- To ensure that we carry out your instructions accurately, to help us to improve our service and in the interests of security, we may monitor and/or record your communications with us including telephone calls and conversations we have with you in our branches. In the interests of security and for preventing and investigating crime we may use closed-circuit television in and around our premises for the monitoring and collection of sound and/or visual images. Any recordings remain our sole property.
- We may make and retain copies of passports, driving licences or other identification evidence that you provide.
- We will obtain your written consent before providing a banker’s reference about you; however, if we receive a request from another financial services institution we will provide information required to verify your identity for money laundering prevention purposes.
- If you change your mind at any time about receiving marketing information via post, telephone, email or any other method, or about participating in market research, then please let us know.