General Conditions

By using NET Banking, you agree to these Conditions (being the General Conditions and the Specific Conditions - see below). Please read them carefully, particularly General Conditions 3 (Your Logon ID and Password) and 4 (Limit of our liability) below.

"You" and "your" mean a NET Banking customer. "We", "us" and "our" refer to CMB Wing Lung Bank Limited, Wing Lung Securities Ltd. or the Bank's other subsidiaries.

   

1.

Introduction

1.1

NET Banking is an automated service which allows our customers to access financial services through the internet. We may from time to time vary the services available on NET Banking, the operations of NET Banking or the daily cut-off times, or suspend or withdraw NET Banking, without notice or responsibility to you.

1.2

NET Banking is only intended for Hong Kong residents and companies.

1.3

Before you can access NET Banking, you must sign an application and obtain in person your Password from our designated office. We may reject your application, without giving any reason. It is important for your protection that you immediately change your Password after you have accessed NET Banking for the first time.

1.4

If you are an individual, you agree that we may use and disclose your personal data (collected by us at any time) for the purposes (including matching procedures, as defined in the Personal Data (Privacy) Ordinance) and to the persons (in or outside Hong Kong) as referred to in our current statement or policy on personal data.

2.

NET Banking

2A

Messages sent through NET Banking shall be treated as if they had been made in writing and signed by the sender. The parties waive any rights to contest the validity or enforceability of a contract effected through NET Banking on the ground that it was effected electronically.

2A.1

We may regard your instructions as received by our computer system as being what you intended to send. We may regard your instruction (which duplicates another instruction) as a separate instruction, unless we actually knew that it was a duplicate.

2A.2

As between the parties, a contract effected through NET Banking is concluded in Hong Kong and at the time when our final confirmation (showing a transaction number) of your instructions is dispatched by our computer system. If you do not receive such confirmation, you must subsequently check on the page "Net Transaction History" on the NET Banking web site.

2.1

In general, an instruction once given and accepted cannot be altered or cancelled. However, an instruction to sell or buy securities may be altered or cancelled before execution.

2.2

Our computer data records of NET Banking transactions and messages (including applicable exchange rates) are, save to the extent of manifest error, conclusive and binding on you. You agree that they shall be admissible in the courts as evidence of the existence of the transactions and messages, and of the facts contained therein, to the extent permitted by applicable law. Transactions and messages as shown on your computer are for your reference only.

2.3

NET Banking is an automated system. All your instructions will be processed automatically by our computer system, without opportunity for oversight. You agree that any manual processing, for example, to complete a cashier order which you have purchased through NET Banking, will be a purely administrative task.

2.4

You are regarded as having received a communication when it is dispatched by our computer system or posted on our NET Banking web site. The dispatch and receipt of communications through NET Banking are regarded to take place in Hong Kong.

2.5

You will not use NET Banking for any purpose other than to access an available service. You shall ensure that the content of a message sent by or on your behalf through NET Banking is not inconsistent with applicable law.

2.6

If your instruction has not been accepted by NET Banking for any reason (for example, insufficient account balance, or after cut-off time), please try again. NET Banking will not reprocess your instruction automatically.

2.7

You will obtain and maintain at your own cost suitable computer equipment, software and connection to the internet to access NET Banking. You are responsible for all telephone, internet service and other charges incurred in using NET Banking. We will not be responsible for any inability to access NET Banking, or any incorrect representation of NET Banking on your screen, arising from your equipment, software or connection.

2.8

We may download certain information including your identification data to your computer or access device, if allowed under our Privacy Policy statement.

2.9

These Conditions are additional to our relevant terms and conditions governing the underlying transactions effected through NET Banking.

3.

Your Logon ID and Password

3.1

They are important means of protection for you. You agree to keep them secret to yourself and your authorized representative.

3.2

You shall contact us immediately by telephone at 2770 2112 if you find or believe that your Logon ID or Password has been compromised, lost or stolen or that any unauthorized transactions have occurred. You shall confirm your report to us in writing within 24 hours.

3.3

We may regard an instruction given through NET Banking by any person with the use of your Logon ID or Password as conclusively binding on you.

3.4

You will be liable for all losses if you have acted fraudulently or with gross negligence, or allowed any third party to use your Logon ID or Password, or failed to comply with your obligations under General Conditions 3.1 or 3.2. You would not otherwise be responsible for any direct loss suffered by you as a result of unauthorized transactions conducted through your account. This Condition does not apply to you unless you are a private individual (excluding sole traders, partnerships, clubs and societies), or to unauthorized transactions conducted through plastic cards which may be used to pay for goods and services or to withdraw cash.

3.5

To the extent that General Condition 3.4 does not apply, you will be liable for all instructions given with the use of your Logon ID or Password, whether or not authorized.

3.6

An instruction given by the use of your Logon ID or Password is valid and conclusively binding on you, although your mandate for the account may require a particular signature, or different signatures may be specified for different accounts.

4.

Limit of our liability

4.1

A reasonable level of commercially available security and encryption measures have been provided for NET Banking. However, unless caused by our wilful default, we are not liable for:

a. any instruction which is not actually received by us, whether by reason of malfunction in computer or communications facilities or otherwise;
b. any delay or interruption in accessing NET Banking, or the timely execution of instructions which are not given to us in time;
c. any inability to access NET Banking;
d. (subject to Condition 3.4) any unauthorized interception, corruption or loss of messages sent through the internet, or any unauthorized access to NET Banking;
e. any error in NET Banking; or
f. any computer virus or similar problems arising in connection with NET Banking.

4.2

We are in any event not liable for any indirect, special, incidental or consequential damages arising from the use of or inability to use NET Banking.

4.3

Any information available on NET Banking is provided for your reference only. We are not responsible for its accuracy, completeness or timeliness, or for any decision made with the information.

4.4

Hyperlinks to other sites are provided for your convenience only. They are not our recommendation or endorsement of the other sites. We are not responsible for the contents of the other sites, and have not verified them.

4.5

If we are found to be liable for any damages, our liability shall be limited to the amount of the relevant transaction or, if less, your direct damages.

4.6

We cannot be responsible to recover a payment which you have made to a third party through NET Banking, or to resolve a dispute between you and the third party.

4.7

These limits of our liability operate to the extent permitted by applicable law.

5.

Changes to Conditions

5.1

We may change these Conditions at any time, by posting a notice on the NET Banking web site 30 days before the change takes effect.

5.2

You will abide by the latest current version of these Conditions, although you may have received a previous version at the time of your application to access NET Banking.

5.3

We may impose or vary fees and charges for using NET Banking. Fees and charges may be debited from your accounts with us.

6.

Termination

6.1

You may terminate your use of NET Banking at any time by notifying us. This will not terminate your accounts with us.

6.2

We may terminate your use of NET Banking at any time, without giving any reason. Our notice of termination dispatched through NET Banking or made available on an attempted access with your Logon ID and Password shall have immediate effect.

6.3

Termination of the use of NET Banking will not affect any accrued rights. Condition 2.5 shall survive termination.

7.

General

7.1

You agree to comply with the operational instructions from time to time in force for NET Banking. These instructions may be viewed by clicking on the "Help" button. Please read these instructions, which set out fees and charges, and may affect your rights and obligations.

7.2

The NET Banking web site is hosted by us and is connected to the internet via an independent service provider, which is not our agent for any purpose. We do not assume any responsibility in respect of the provider.

7.3

All holders of a joint account are jointly and severally responsible to us for an instruction given through NET Banking in respect of the account. Any requirement in the mandate for joint signatories shall be regarded as satisfied by the use on NET Banking of the correct Logon ID and Password for the account.

7.4

Changes in the authorized signatory of your account will not affect operation through NET Banking by using your Logon ID and Password. If you wish, you must change your Password immediately.

7.5

If any Condition or part thereof is invalid, all other Conditions shall remain in full force and effect.

7.6

These Conditions, and all transactions effected through NET Banking, are governed by the law of the Hong Kong Special Administrative Region. The parties submit to the non-exclusive jurisdiction of the Hong Kong courts.

7.7

Headings are for ease of reference only. "Our computer system" refers only to the computer equipment and software which are operated under our sole control. Words importing the singular include the plural and vice versa. "Including" is not a word of limitation.

7.8

The English version of these Conditions prevails over the Chinese version.


The Specific Conditions may be found on the NET Banking web site as part of the Conditions, appearing immediately after the General Conditions. These Specific Conditions are deemed incorporated herein.

 

Effective 2004-6-1
Copyright (c) CMB Wing Lung Bank Limited 2004


CMB WING LUNG BANK GROUP

Privacy Policy Statement

It is the policy of CMB Wing Lung Bank Limited and its subsidiaries CMB Wing Lung Finance Limited, CMB Wing Lung Insurance Company Limited, CMB Wing Lung Agency Limited, CMB Wing Lung Insurance Brokers Limited, Wing Lung Securities Limited, CMB Wing Lung Futures Limited, CMB Wing Lung (Nominees) Limited, CMB Wing Lung (Trustee) Limited, CMB Wing Lung Property Management Limited (the "Group") to respect the privacy of their customers and keep the information relating to a customer secure and confidential. The Group also educates all staff of the importance of customers' privacy and requires them to comply with the strictest standards of security and confidentiality. Information is collected on the use of web portal from the Group's customers, which include the Group's web portal visitors.

Data Collection and Usage

The Group collects personal data from the Group's web portal visitors on a voluntary basis. Personal information may include name, title, e-mail address, etc. The information is used by the Group for the purposes indicated in the respective screens in which customers are invited to provide personal data and in the following Notice to Customers. Personal information held by the Group is kept confidential and the Group does not use customers' personal information for any purposes other than those already specified to customers herein or in the Group's Notice to Customers or unless such usage is permitted or required by law.

When an individual visits this web portal, the Group records the visit only as a "hit" but does not capture any personal identifiable information about the visitor. The Group gathers and analyzes this information to compile general statistics about usage of the Group's web portal. The Group also collects information about the visit by means of cookies files (Cookies are small pieces of data transmitted to and stored in the visitor's local hard drive). The data obtained would be used for web portal personalization and marketing. Cookies can not retrieve information stored in the visitor's hard disk. The visitor has a choice not to accept the cookies files, but if this is the case, certain functionality may not be available.

Data Disclosure Restrictions

The Group follows strict privacy procedures in regard to protection of personal data. No disclosure of personal identifiable information to third parties is allowed unless the related customer has been previously informed or the disclosure is permitted or required by any law binding on the Group or any of its branches.


Data Retention


The Group retains all records of online transactions for validation and auditing purposes. Information that is no longer required is destroyed.

Data Security

All personal data provided to the Group is secured with restricted access by authorized personnel. Encryption technology is employed for sensitive data to protect customers' privacy during data transmission.

Contact Us

Request for access to data or correction of data or for information regarding policies and practices and kinds of data held should be addressed to:

Data Protection Officer
CMB Wing Lung Bank Limited
45 Des Voeux Road Central, Hong Kong

May 2007


CMB WING LUNG BANK GROUP
Notice to Customers relating to the Personal Data (Privacy) Ordinance (the "Ordinance")

1. From time to time, it is necessary for customers and various other individuals (including without limitation applicants for banking/financial services and banking/credit facilities, sureties, referees shareholders, directors, officers and managers of corporate customers or applicants) (collectively, !��data subjects!�L) to supply CMB Wing Lung Bank Limited and its subsidiaries including CMB Wing Lung Finance Limited, CMB Wing Lung Insurance Company Limited, CMB Wing Lung Agency Limited, CMB Wing Lung Insurance Brokers Limited, Wing Lung Securities Limited, CMB Wing Lung Futures Limited, CMB Wing Lung (Nominees) Limited, CMB Wing Lung (Trustee) Limited, CMB Wing Lung Property Management Limited (the "Group") with data in connection with the opening or continuation of accounts and the establishment or continuation of banking/credit facilities or provision of securities and futures trading, credit card, insurance, tenancy and property management and other banking/financial services.

2. Failure to supply such data may result in the Group being unable to open or continue accounts or establish or continue banking/credit facilities or provision of securities and futures trading, credit card, insurance, tenancy and property management and other banking/financial services.

3. It is also the case that data are collected from data subjects in the ordinary course of the continuation of the Group's business relationship, for example, when data subjects write cheques, deposit money, repay loans, conduct securities trading, make credit card or insurance transactions.

4. The purposes for which data relating to a data subject may be used will vary depending on the nature of the data subject!|s relationship with the Group. Broadly, they may comprise all or any one or more of the following purposes:-

i. the daily operation of the services and credit facilities provided to data subjects;
ii. provision of reference;
iii. conducting credit checks (including without limitation upon applications for consumer credit and periodic or special reviews of such credit) and carrying out matching procedures (as defined in the Ordinance);
iv. creating and maintaining the Group!|s credit scoring models;
v. assisting other financial institutions, credit or charge card issuing companies and debt collection agents to conduct credit checks and collect debts;
vi. ensuring ongoing credit worthiness of data subjects;
vii. researching, designing financial services or related products for data subjects ' use;
viii. marketing services or products of the Group and/or selected companies;
ix. determining the amount of indebtedness owed to or by data subjects;
x. the enforcement of data subjects!| obligations, including without limitation the collection of amounts outstanding from data subjects and those providing security or guarantee for data subjects ' obligations;
xi. meeting the requirements under any applicable law, regulation, or court order binding on the Group or any of its branches to make disclosure to relevant supervisory or regulatory authorities, police or court of law or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Group or any of its branches are expected to comply;
xii. enabling an actual or proposed assignee of the Group, or participant or sub-participant of the Group's rights in respect of the data subjects to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
xiii. comparing data of data subjects or other persons for credit checking, data verification or otherwise producing or verifying data, whether or not for the purpose of taking adverse action against the data subjects;
xiv. maintaining a credit history of data subjects (whether or not there exists any relationship between data subjects and the Group) for present and future reference;
xv. exchange information with merchants accepting credit cards issued by the Group and entities with whom the Group provides affinity/co-branded/private label credit card services (each a "merchant" or an "affinity entity");
xvi. verifying data subjects!| identities with any card acquirer of a merchant in connection with any card transactions; and
xvii. purposes relating thereto.

5. Data held by the Group relating to a data subjects will be kept confidential but the Group may provide such information to the following parties for the purposes set out in paragraph 4:-

i. any agent, contractor, claim adjuster or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Group in connection with the operation of its business;
ii. any other person under a duty of confidentiality to the Group including any company within the Group which has undertaken to keep such information confidential;
iii. the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
iv. credit reference agencies; and, in the event of default, to debt collection agencies;
v. any person to whom the Group is under an obligation to make disclosure under the requirements of any law binding on the Group or any of its branches or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Group or any of its branches are expected to comply;
vi. any actual or proposed assignee of the Group or participant or sub-participant or transferee of the Group's rights in respect of the data subject;
vii. any insurance company or agent, broker, merchant or other business partners of the Group;
viii. selected companies for the purpose of informing data subjects of services which the Group believes will be of interest to data subjects;
ix. any financial institution and charge or credit card issuing companies with which the data subjects have or propose to have dealings;
x. any other person who has established or proposes to establish any business relationship with the Group or recipient of the data;
xi. any party giving or proposing to give a guarantee or third party security to guarantee or secure the data subjects!| obligations;
xii. Joint Electronic Teller Services Limited (!��JETCO!�L), operators or participants of the JETCO network and other issuers of ATM cards;
xiii. any card acquirer of a merchant; and
xiv. any third party in connection with paragraph 4(x).

6. Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data approved and issued under the Ordinance, any data subject has the right:-

i. to check whether the Group holds data about him and of access to such data;
ii. to require the Group to correct any data relating to him which is inaccurate;
iii. to ascertain the Group's policies and practices in relation to data and to be informed of the kind of personal data held by the Group;
iv. in relation to consumer credit, to request to be informed which items of data are routinely disclosed to credit reference agencies or debt collection agencies, and be provided with further information to enable the making of an access and correction request to the relevant credit reference agency or debt collection agency; and
v. in relation to consumer credit (except where the consumer credit applied for involves a residential mortgage loan) which has been provided by the Group to a credit reference agency, to instruct the Group upon termination of an account by full repayment to make a request to the credit reference agency to delete such data from its database, as long as the instruction is given within 5 years of termination and at no time did the account have a default of payment lasting in excess of 60 days within 5 years immediately before account termination.

7. Where the Group has provided consumer credit to an individual customer and the account is subsequently in default lasting in excess of 60 days, the data may be retained by the credit reference agency until the expiry of 5 years from the date of final settlement of the amount in default or 5 years from the date of discharge from a bankruptcy as notified to the Group, whichever is earlier.

8. The Group may have obtained a credit report on the data subject and any of its sureties from a credit reference agency in considering any application for credit. In the event the data subject or any of its sureties wishes to access the credit report, the Group will advise the contact details of the relevant credit reference agency.

9.

The Group may access the database of credit reference agency for the purpose of credit review from time to time. In particular, the Group may access the consumer credit data of individual customer held by credit reference agency for the purpose of the review of their existing consumer credit facilities which may involve the consideration by the Group of any of the following matters:

i. an increase in the credit amount;
ii. the curtailing of credit ( including the cancellation of credit or a decrease in the credit amount); or
iii. the putting in place or the implementation of a scheme of arrangement with the individual customer.

10. In accordance with the terms of the Ordinance, the Group has the right to charge a reasonable fee for the processing of any data access request.

11. Data of a data subject may be processed, kept and transferred or disclosed in and to any country as the Group or any person who has obtained such data from the Group referred to in paragraph 5 above considers appropriate. Such data may also be released or disclosed in accordance with the local practices and laws, rules and regulations (including any governmental acts and orders) in such country;

12. The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed as follows:-

The Data Protection Officer
CMB Wing Lung Bank Ltd
45 Des Voeux Road Central, Hong Kong

13. You may, at any time, choose not to receive our promotional material. Please let us know in writing.

14. Nothing in this Notice shall limit the rights of data subjects under the Ordinance.
15.

In case of discrepancies between the English and Chinese versions, the English version shall prevail.
May 2007