I. Agreement on Outward Remittance
(I) The Bank may use any means it deems most appropriate to effect outward remittance of fund, and may use any of its domestic and overseas branches or correspondent bank as the drawee bank or transferring bank unless the Contracting Party specified otherwise. In the event of error caused by the overseas drawee bank or the transferring bank, the Bank shall provide assistance in tracing and searching whether the aforementioned bank is designated by the Contracting Party or the Bank or not. The service charge collected by the foreign bank shall be borne by the Contracting Party, and the Bank shall charge the Contracting Party for the expense incurred from postage and telecommunication service in the search process.
(II) The Contracting Party agrees that in case the telex message for the remittance has missing lines, blurred, defected due to the failure of the telecommunication equipment or network connection, or any other situations beyond the control of the Bank, to the extent that the remittance was delayed or cannot be sent, the Bank shall assist in the return, transfer or resend of fund and the expenses incurred from postage and communication, and the service charge collected by the foreign bank shall be borne by the Contracting Party.
(III) The Contracting Party agrees that the foreign drawee bank designated by the Bank may use the original currency or convert the fund into the currency of the receiving country at the buy exchange rate of the day for payment to the payee, or transfer directly to the payee account. The Contracting Party has no objection of the decision of the Bank.
(IV) The Contracting Party agrees that the drawee bank or the transferring bank may deduct an appropriate amount of fund from the remitted fund in accordance with the custom and practice of the local banks in the receiving country in the process of drawing or transfer. This amount will be borne by the payee. The Contracting Party has no objection in the deduction of this portion of fund as commission.
(V) If the Contracting Party has applied with the Bank for the issuance of a money order but reported lost with the Bank and requested for stop payment later, the Bank may charge a fee for the service of reporting loss and stop payment of the instrument. In addition, the fee charged by the foreign drawee bank in processing the report of loss and stop payment of the money order shall be borne by the Contracting Party.
(VI) The Contracting Party shall duly observe applicable laws and the overseas remittance practices among the banks further to the provisions contained in this Agreement.
II. For additional information on billing, refer to the official website of the Bank in the section of banking service charges, table of “commission for foreign exchange, interest rate, and the billing standard of related fees.”
III. Anti-Money Laundering Special Clause
The Bank may request the Contracting Party (including the legal representative, guardian, auxiliary assistance agent, authorized agent, representative) to provide information and necessary explanation required in the account opening procedure and subsequent review procedure. If the Bank rules that the Contracting Party falls into any of the following categories, the Contracting Party agrees that the Bank may turn down the application for opening the account at any time, or suspend, terminate this Agreement on a temporary basis, or the business and related transactions of the deposit account owner (including locking the account for stop payment or freezing the account), and adjust related ledgers or proceed to shut down the account:
(I) The account of the Contracting Party was put on the watch list by the court, prosecutor office, judicial police, or any other competent authority, or determined as an alleged illegal account or unusual transactions.
(II) The Contracting Party and its responsible party, representative, authorized person for signing official documents, director or senior management staff in relevant positions, and the principal shareholders and de facto beneficiary are determined as suspects, terrorists, or terror groups by the domestic government, foreign governments, or international anti-money laundering organizations or under their investigation, or risk targets as determined by the Bank (including but not limited to the suspected involvement in illegal activities, suspected money laundering, financing of terrorism and activities, or suspects in major crimes, or suspects of other criminal acts as broadcasted by the news media).
(III) The Contracting Party declines to collaborate with the Bank in the procedure of knowing your customer and review at regular/irregular intervals, or declines to explain, provide necessary information and explanation (including but not limited to the information on the representative, proxy, and de facto beneficiary), or, the Bank rules that the documents provided by the deposit account owner or the review results under the aforementioned procedure was found questionable (including but not limited to the suspected involvement in illegal activities, suspected money laundering, financing of terrorism and activities, or suspects in major crimes, or suspects of other criminal acts as broadcasted by the news media).
(IV) The Contracting Party declines to give explanation or cannot fully explain the nature, purpose of the transactions in related business, or the sources of the fund, or the Bank rules that the explanation given by the deposit account owner is unusual or suspected of money laundering (including but not limited to the suspected involvement in illegal activities, suspected money laundering, financing of terrorism and activities, or suspects in major crimes, or suspects of other criminal acts as broadcasted by the news media).
(V) The Bank cannot contact the Contracting Party in the attempt to inform the Contracting Party of any update or for collaboration in the review procedure with the contact information provided by the Contracting Party at the time of entering into this Agreement or the update if this Agreement (including but not limited to telephone, email, or mailing address), to the effect that the Bank cannot proceed with the review procedure at regular intervals or from time to time.
(VI) The targets, proxies, recipient of remittance or the owner, the bank or place of the payee account pertinent to the transactions conducted by the Bank to the order of the Contracting Party were found involving with the targets, terrorists or groups determined, investigated or sanctions by the domestic government, foreign governments, international anti-money laundering organizations, or party of high risk as determined by the Bank (including but not limited to the suspected involvement in illegal activities, suspected money laundering, financing of terrorism and activities, or suspects in major crimes, or suspects of other criminal acts as broadcasted by the news media, and cases of law breaking).
(VII) If the Bank rules that the transactions of the Contracting Party are suspected of violating the laws and regulations of the country, international anti-money laundering organizations or foreign governments in anti-money laundering or combating the financial of terrorism, or the rules and regulations of the Bank governing anti-money laundering or policies of combating the financing of terrorism, or suspected violation of any of the aforementioned laws and regulations.
If any of the above occurs, the Contracting Party agrees that the Bank may decline the opening of account or temporarily suspend, terminate this Agreement and all related transactions (including locking the account for stop payment or freezing the account) in accordance with applicable laws (including but not limited to the “Anti-Money Laundering Act”, “Combating the Financing of Terrorism Act”, “Regulations Governing Financial Institutions in Anti-Money Laundering”, “Regulations Governing the Implementation of Internal Control and Internal Audit Systems in the Banking Industries and Designated Financial Institutions of Financial Supervisory Commission in Anti-Money Laundering and Combating the Financing of Terrorism”, “Sample Version of the Important Notices of the Bankers Association of the Republic of China in Anti-Money Laundering and Combating the Financing of Terrorism”, and the “Regulations Governing Deposit Accounts and Suspicious or Obviously Unusual Transactions of the Accounts”), and adjust the ledgers or proceed to shut down the account. The Contracting Party shall assume the risk of any damage, loss or unfavorable outcome thereof. The Bank disclaims any responsibility for compensation or indemnification.
If the Contracting Party fails to perform this Agreement, provide timely explanation or related information, or, cannot provide related information pending on the consent of a third party, to the effect that the transaction is delayed, failed, terminated, canceled, the freezing of fund or asset, stop payment, the Contracting Party shall assume the responsibility thereof. If additional expense is incurred thereof, the Contracting Party agrees that the Bank may directly deduct the amount from the transaction account. In addition, the Contracting Party shall assume the responsibility of the damage to the Bank thereof, where applicable, for compensation or indemnification.
The Contracting Party agrees that, in performing the obligations under applicable legal rules governing anti-money laundering or combating the financing of terrorism within the scope of the professed purpose therein, the Bank may collect, process, use, or internationally transmit the personal information of the Contracting Party and information on related transactions.
The Contracting Party may provide the Bank with the information on a third party (including but not limited to the responsible person, representative, de facto beneficiary, senior management staff or payee)，and hereby declares that the obligation to inform this third party under the Personal Information Protection Act has been fulfilled, and at the consent of this third party, the Bank may collect, process, and use its personal information within the scope of the professed purpose of the agreement on transactions between the deposit account owner and the Bank and under applicable legal rules. In the event of misinformation or disinformation, to the extent that legal proceedings is instated against and damage is inflicted on the Bank, the Contracting Party shall assume the responsibility of the damage thereof.
IV. Obligation of Notification Clause pursuant to Paragraph 1 under Article 8 of the Personal Information Protection Act
The Contracting Party has acknowledged that the Bank has performed its obligation to inform the following content to the owner pursuant to Paragraph 1 under Article 8 of the Personal Information Protection Act.
(I) The Bank shall inform the Contracting Party of the following explicitly at the time of collecting personal information pursuant to Paragraph 1 under Article 8 of the Personal Information Protection Act (hereinafter, “PIPA”):
1. The name of the non-government institution.
2. The purpose of collection.
3. Type of personal information.
4. The duration, region, users and means of using personal information.
5. The rights of the party concerned pursuant to Article 3 of PIPA and the means of exercising these rights.
6. The party concerned has the discretion in providing personal information and the influence of not providing the information.
(II) The Bank collects personal information of the Contracting Party for purpose of performing the business specified below from the sources of collection. The Contracting Party has read the “The obligation of Bank of Kaohsiung in informing the collection of personal information pursuant to Paragraph 1 under Article 8 of the Personal Information Protection Act” under the heading of “Consumer Relation - Personal Information Protection - obligation to inform” at the website for information on the designated purpose of the Bank in the collection of personal information, the type of information for collection, and the duration, regions, users, and means of using the information in full detail.
1. Type of business: deposit and remittance, loans, credit card, foreign exchange, securities, wealth management, and any other business approved by the competent authority and within the scope of business registration or as stated in the articles of incorporation.
2. Sources of collection: the owner, Joint Credit Information Center, Taiwan Clearing House.
(III) The Contracting Party is entitled to the following on its personal information kept by the Bank pursuant to Article 3 of PIPA:
1. Except for the exclusions as stated in Article 10 of PIPA, the Contracting Party may also make inquiry, request for view or making duplicated copies from the Bank but the Bank may charge for the service pursuant to Article 14 of PIPA.
2. Request the Bank for providing supplementary information or rectification with justifiable reasons and factual account for supporting pursuant to Article 19 of the Enforcement Rules for the Personal Information Protection Act.
3. If the Bank acts in defiance of PIPA in the collection, processing, and use of the personal information of the deposit account owner, the Contracting Party may request the Bank to stop the collection pursuant to Paragraph 4 under Article 11 of PIPA.
4. Pursuant to Paragraph 2 under Article 11 of PIPA, if the accuracy of personal information becomes controversial, the Contracting Party may request the Bank to stop processing or using the personal information of the deposit account owner. The exclusion of the provision also provides that the aforementioned paragraph may be waived if it is necessary for the Bank to conduct its operation and the Bank has specified the point of contention or at the approval of the deposit account owner in writing.
5. Pursuant to Paragraph 3 under Article 11 of PIPA, if the specific purpose of the collection of personal information extinguishes or expires, the Contracting Party may request the Bank to delete, stop processing, or stop using its personal information. The exclusion of the provision also provides that the aforementioned paragraph may be waived if it is necessary for the Bank to conduct its operation and the Bank has specified the point of contention or at the approval of the deposit account owner in writing.
(IV) The Contracting Party may elect to exercise the rights provided under Article 3 of PIPA. For information on the means of exercising these rights, visit the official website of the Bank at http://www.bok.com.tw/ in the section of “Consumer Relation – Personal Information Protection – Exercise of consumer rights ”.
(V) The Contracting Party has full discretion in providing its personal information and information by type. If the personal information and type of information the Contracting Party declined to provide happened to be the information necessary for the review or operation of the business being requested, the Bank may not be able to proceed with necessary review or operation, and cannot provide the Contracting Party with related services or better service.
V. Contract Documents in Electronic Format Clause
The Contracting Party agrees that, within the scope of the processing of deposit and remittances, loans, foreign exchange, trust, wealth management, credit card, securities, insurance brokerage, gold passbook, and other business at present (including the past) and in the future, electronic signature or documents in electronic formats may be adopted as the expression of intent and for keeping in related contracts, agreements, applications, and forms and scheduled binding the deposit account owner and the Bank (hereinafter referred to as “respective contract documents”). Respective contract documents prepared and kept in electronic format and information transmitted in electronic means shall carry the same force as their counterparts in hard copy with signatures affixed under law. Unless otherwise excluded by the law.
The Contracting Party agrees that the aforementioned documents in electronic format shall carry the same force as the original version in hard copy and the signature/seal affixed to the hard copy of the documents under law in the trial, arbitration, conciliation or any other legal procedures for the settlement of disputes between the deposit account owner and the Bank in the future.
The Contracting Party agrees that respective contract documents provided or received in electronic format or announcement over the official website of the Bank shall be deemed delivery of the documents in hard copy, and further agrees that the printout of respective contract documents kept by the Bank shall be served as the documents for proof of the agreement between the Contracting Party and the Bank.
