Introduction
The following Privacy Notice of Industrial and Commercial Bank of China Limited, Beijing, Zurich Branch (hereafter “ICBC”, “we”, “us” or “our”) describes for our clients, prospects and users of our website (hereafter collectively “users” or “you”) how we collect and process personal data in connection with the use of our banking services, our website or of other services (collectively services).
ICBC takes your privacy seriously and treats your personal data in accordance with the law. We understand that by using our services you may be entrusting us with personal information (“personal data”) and assure you that we take our duty seriously to protect this data seriously. This Privacy Notice therefore informs in a transparent manner:
· the kind of personal data we collect and process;
· the purpose for which we process it;
· who may receive your data; and
· what are your rights in relation to such processing.
1 Data controller
ICBC is the controller with respect to the processing activities described in this Privacy Notice. You may reach out to us at:
Industrial and Commercial Bank of China Ltd, Beijing, Zurich Branch (ICBC)
CH-8001 Zürich, Nüschelerstrasse 1
ICBC is part of the group of entities under the control of ICBC Group, which is listed on listed on both Shanghai Stock Exchange and The Stock Exchange of Hong Kong Limited.
2 Collection and further processing of personal data
If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. We collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security:
· Communication data (name, e-mail address, IP address)
· The date and time of the request
· Time zone difference to Greenwich Mean Time (GMT)
· Content of the request (specific page)
· Access status / HTTP status code
· Amount of data transferred in each case
· Website from which the request came
· Browser information
· Operating system and its interface
· Language and version of the browser software.
When entering into a business relationship with you, we collect personal data to the extent permitted by the applicable law such as:
· personal details such as your name, identification number, date of birth, compliance related documents (including a copy of your national identity card or passport), phone number, address and domicile, electronic address, and family details such as the name of your spouse, partner or children;
· identifiers we assign to you, such as your client, business relation, contract, partner or account number, including identifiers for accounting purposes;
· financial information, including payment and transaction records and information relating to your assets;
· tax domicile and other tax-related documents and information;
· your knowledge of and experience in relation to financial services and products;
· where relevant, professional information about you, such as your job title and work experience;
· interactions with you and the products and services you use,
· any records of phone calls;
· identifiers we assign to you, such as your client, business relation, contract, partner or account number, including identifiers for accounting purposes.
3 Purpose for processing of personal data
In accordance with applicable data protection laws, ICBC may process Personal Data namely for, but not limited to, the following purposes:
· performance of services, preparation, execution and performance of offers, contracts and transactions;
· maintenance and development of client and other business relations
· preparation of events, promotions, advertisement and marketing;
· development, operation, management and maintenance of our websites and other digital offerings;
· development, operation, management and maintenance of our infrastructure, such as IT infrastructure and other systems;
· compliance with legal and regulatory requirements and internal rules of ICBC;
· risk management (including market risk, credit risk, operational risk, liquidity risk, legal risk and reputational risk);
Our website also enables users also to quickly get in touch with us via e-mail. If you contact ICBC by e-mail or via a contact form, the personal data you provide will be stored automatically. Such personal data transmitted on a voluntary basis will be stored for the purpose of processing or contacting you. This personal data is not passed on to third parties.
4 Disclosure and export of personal data
Relevant recipients of personal data within ICBC are for example employees of the IT department.
We transfer your personal data to our other ICBC entities and third parties (e.g. service providers that enable ICBC to offer it’s banking services) in
· European Union
· China
Some countries do not provide adequate data protection provisions. In this case, we ensure suitable data protection with adequate contractual guarantees on the basis of EU/Swiss standard contract clauses or other provisions, or we may transfer Personal Data based on the exception of consent, of contract processing, of the determination, assertion or enforcement of legal claims, of overriding public interests, or because the transfer is necessary to protect the physical integrity of a data subject.
Where so prescribed by applicable legislation, we may on request or under an ongoing duty to provide information disclose data to supervisory authorities, judicial authorities or other persons of authority.
5 Retention of personal data
We retain personal data as long as we need it to fulfil our purposes.
Additionally, we store personal data that relates to the provision of our services or otherwise to a contract or business relationship as long as the contractual relation is ongoing and for a period of 10 years after the termination of the contractual relationship. In some cases, a longer statutory retention period is applicable for reasons of proof or if there is another valid reason for an exception based on applicable law or regulation. <
Also, if you contact us by e-mail, the data you provide (your e-mail address, possibly your name and telephone number) will be saved by us in order to answer your questions. We delete the data if no longer needed, or we restrict the processing, if there are statutory retention requirements.
6 Further functions and offers on our website
In addition to the purely informational use of our website, we offer various services that you can use. To do this, you usually have to provide additional personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are assessed regularly.
Furthermore, we can transfer your personal data to third parties, if we offer participation in campaigns, conclusion of a contract or similar services together with partners. You will receive more information on this when you provide your personal data.
If our service providers or partners are based in a country outside of Switzerland, we will inform you of the consequences of this fact in the description of the offer.
7 Use of cookies
In addition to the aforementioned data, we use cookies, which are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and more effective overall.
You can configure your browser settings according to your wishes and e.g. reject third-party cookies or all cookies. So-called "Third Party Cookies" are cookies, that have been set by a third party, therefore not by the actual website you are currently visiting. We would like to point out that by deactivating cookies you may not be able to use all functions of this website.
8 Your rights
If and insofar as this is provided for under applicable data protection law, you have the following privacy rights, you can enforce:
· You have the right to ask ICBC for copies of your personal information we have (Right of access). You can make a subject access request to find out what personal information we hold about you; how we are using it; who we are sharing it with; and where we got your data from.
· You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete (Right to rectification).
· You have the right to ask us to erase your personal information in certain circumstances (Right to erasure).
· You have the right to ask us to restrict the processing of your information in certain circumstances (Right to restriction of processing).
· You have the right to object to processing if we at ICBC are able to process your information because the process forms is in our legitimate interests (Right to object the processing).
· If applicable, you have the right to ask that we transfer the information you gave us from one ICBC to another organisation or give it to you (Right to data portability). The right only applies if we are processing information based on your consent or in talks about entering into a contract and the processing is automated.
· Should ICBC make an automated individual decision which may have a legal effect for you, you may have the right to speak with a representative of ICBC and to request a reconsideration of that decision. If so, you might no longer be able to use certain automated services.
· You may also raise a complaint with the competent data protection authority, which for ICBC in Switzerland is the Swiss Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
9 amendment of our data protection notice
We reserve the right to change our security and data protection measures, if this becomes necessary due to technical circumstances. In these cases, we will also amend our information on data protection accordingly. Please note therefore the current version of our data protection declaration.
Status: August 2023
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