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TERMS OF USE FOR WEBSITE AND INTERNET BANKING
 

1. INTRODUCTION

These Terms of Use (“Terms of Use”) are intended to regulate the access by clients and users (“Users”) to the institutional website (“Website”) and internet banking (“Internet Banking”) of Banco ICBC do Brasil Banco Múltiplo SA with respect to information and services ("Services") available on the Website and Internet Banking ("Platforms"), developed by Banco ICBC DO BRASIL BANCO MÚLTIPLO ("ICBC Bank"), registered with the CNPJ/MF under No. 17,453 .575/0001-62, headquartered at Avenida Brigadeiro Faria Lima, 3477, Bloco B – 6th floor, São Paulo/SP.

ICBC Bank has developed these Terms of Use, so that the User is aware of the general conditions that must be observed when using the Platforms, and in recognition of the importance of due care in the processing of personal data, in order to ensure the protection of rights and freedoms of data subjects and to keep ICBC Bank in compliance with the laws and privacy principles in force, especially Ordinary Law No. 13.709/2018 ("LGPD").


2. DEFINITIONS

For the purposes of these Terms of Use, the expressions below will have the following meaning:

a.ICBC Bank: Means ICBC DO BRASIL BANCO MÚLTIPLO S.A;

b.User: Means users of the ICBC Bank Website or Legal Entities Customers who use Internet Banking;

c.Terms of Use: Means the set of these Terms and their links;

d.Privacy Policy: Means the privacy policy that aims to regulate the rights and duties of ICBC Bank with regard to the protection of Personal Data and inform the User about how their data will be collected, processed and stored.

e.Personal Data: Means the information that allows the identification of natural persons, including the legal representatives of legal entities;

f.Intellectual property: Means individually or together, computer programs, files, texts, icons, drawings, videos, sounds, brands, logos, layouts, templates, inventions, utility models, industrial design, artistic, scientific or literary works and all materials, works, plans and objects, in any format or physical support, that are subject to protection based on the Industrial Property Law (Law 9,279/1996), on Copyright Law (Law 9,610/1998), on Software Law (Law No. 9,609/1998), in international conventions to which Brazil is a party, which are owned, held, controlled by ICBC Bank, or used by it in the creation, supply and maintenance of the Platforms, whether registered, patented , with registration request or pending deposit, or not.


3. OBJECTIVE

The collection, processing and storage of Personal Data carried out by ICBC Bank through the Platforms are governed by its Privacy Policy. The documents will always be interpreted together, prevailing the Privacy Policy, however, in what is specific in relation to the Terms of Use. The Privacy Policy, in its most current version, can always be accessed through the link:
https://br.icbc.com.cn/icbc/%e6%b5%b7%e5%a4%96%e5%88%86%e8%a1%8c/%e5%b7%a5%e9%93%b6%e5%b7%b4%e8%a5%bf/en/aboutus/news/PrivacyNotice20211020.htm

All information provided by the User, as well as the registration itself, will be stored by ICBC Bank in a responsible manner and in accordance with the Personal Data Protection Laws, for the period that the applicable laws determine and the necessary purpose.

These Terms of Use contain important legal information that is essential for using the Platforms. By using the ICBC Bank Services, the User accepts and agrees with all the terms and conditions described herein, in force on this date. The User cannot and must not access the Platforms if he does not agree with these Terms of Use, and if he disagrees with any provision mentioned herein, he must cancel the registration procedure, when applicable, as well as refrain from using the Platforms.

We advise that these Terms of Use may be modified at any time by ICBC Bank, due to changes in legislation or in the Services, as a result of the use of new technological tools or, even, whenever, at the sole discretion of ICBC Bank, such changes if necessary. The use of the online Services made available by ICBC Bank by any User shall imply express acceptance of these Terms of Use. ICBC Bank reserves the right to improve the functionalities of the Services and to implement new technologies. Thus, the Terms of Use may be amended, at any time, excluding in case of legal prohibition, to include the implemented modifications. By continuing to use our Services after changing the Terms of Use, the User agrees with the changes made and in force at the time of access.

Internet Banking Services are available in closed content. When access to content is restricted, prior User registration and access to the environment through login and password will be required. When creating your registration in Internet Banking, the User is fully responsible for the use, access, registration or any other act performed through Internet Banking. The User is also responsible for (i) creating and keeping their access password safe; (ii) due to the veracity of the information registered and, therefore, we emphasize that the registration of false information can generate inconsistency in the provision of the Services, as well as impact or interrupt your access; (iii) keep your information up to date and correct and update your registration whenever there are changes. At any time, without prior notice, ICBC Bank may suspend, cancel or interrupt access to the Services, subject to the conditions of applicable legislation. ICBC Bank is not responsible for any damages and/or problems arising from the delay, interruption or blocking of data transmissions arising from the User's internet connection.

3.1 Sharing Data with Third Parties

ICBC Bank may share the User's personal data with third parties, such as insurance companies, service providers and cloud storage (Cloud Computing/Storage as a Service) and other partners.

We may also disclose your personal data when such disclosure is necessary to fulfill a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data when such disclosure is necessary for the exercise or defense of legal claims, whether in judicial, administrative or arbitration proceedings.

3.2 International Data Transfer

The data collected by ICBC Bank is stored on its servers. They can be shared and handled by its employees, for the purpose of providing services to the customer and complying with legal obligations. This way the data can be sent to servers located in China.

Transfers to each of these countries will be protected by safeguards, that is, the use of binding rules between ICBC Bank and the companies that will receive the personal data, which will determine the duties and responsibilities to be adopted by each company for the transfer to take place of the data.

3.3 Data Storage and Disposal

Your personal data will be stored for the period necessary for its treatment, and will be deleted or anonymized after this period if a new purpose does not arise that justifies its maintenance in the ICBC Bank database.

ICBC Bank determines the retention period based on the purpose of the processing, so that the personal data collected will be processed and kept only as long as necessary to fulfill the purposes mentioned above.

Exceptionally, personal data may be kept in the files of ICBC Bank for: (i) compliance with obligations provided for in regulations or; (ii) to establish, exercise or defend legal claims; In these cases, personal data will be kept for a longer period, ensuring, however, that they will be under the same security and protection mechanisms.


4. USER RIGHTS

Access to Data: The User entitled to data has the right to access the data collected by ICBC Bank. The holder will be informed of the existence, use and disclosure of their personal information and will have access to this information whenever requested.

Correction of Data: The User has the right to request ICBC Bank to correct incorrect, outdated or erroneous information. ICBC Bank may also contact the User to update the collected data.

Deletion of Data: The holder has the right to request the deletion of his personal data if he understands that: his personal data are no longer necessary in relation to the purposes for which they were collected or are being processed for a different purpose; opposition to processing based on certain legal rules; or even if your personal data have been processed in disagreement with the provisions of the Personal Data Protection Laws. However, there are exceptions to the right of elimination: when processing is necessary for the fulfillment of a legal obligation or for the exercise or defense of legal claims.

Restriction of data processing: In some circumstances, the holder has the right to restrict the processing of his personal data. These circumstances are: contesting the accuracy of personal data; the processing does not comply with the provisions of the Personal Data Protection Laws, but there is opposition to deletion; personal data are no longer required for processing purposes by ICBC Bank, but the holder requires personal data for the establishment, exercise or defense of legal claims; and whether the holder objected to the processing, awaiting verification of that objection.

When processing has been restricted based on one of these hypotheses, ICBC Bank may continue to store your personal data. However, ICBC Bank will only prosecute them for the exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of public interest.

Withdrawal of consent: The holder has the right, at any time, to withdraw the consent given in this term for the processing of his personal data. If the holder makes such an objection, ICBC Bank will cease to process the personal information unless we can demonstrate compelling legitimate reasons for processing that outweigh his interests, rights and freedoms, or if the processing is for the exercise or defense of claims cool.

The User may exercise any of their rights in relation to their personal data by sending an email to dpo@br.icbc.com.cn.

4.1 User Responsibilities

When using the Services, the User undertakes to respect current Brazilian legislation and the provisions of these Terms of Use, and shall not produce, make available or share any content that:

a)Implies the practice of an unlawful act and/or violates current Brazilian legislation;
b)Is false, incorrect, inaccurate and/or may mislead third parties;
c)Violate third party rights or rights of ICBC Bank or ICBC Conglomerate;
d)Make available or allow access to illegal, violent, pornographic content or any other act contrary to law and public order;
e)Induces discrimination or incites hatred against people and/or groups of people based on nationality, race, religion, sexual orientation, gender, physical condition, among other acts that contravene public order and current Brazilian legislation;
f)Contains viruses or other elements that are capable of causing damage or preventing the regular functioning of ICBC Bank Platforms and/or equipment or of third parties; and
g)It is protected by a third party's intellectual property right and the User does not have prior authorization to use it.

During the use of the Platforms, the User will be responsible for: (a) any unlawful act carried out on the Platforms, as well as for the repair of damages caused to third parties, ICBC Bank and ICBC conglomerate resulting from such unlawful acts; and (b) for their own costs related to their access to the internet, as well as for the use of antivirus tools;

The User is also prohibited, subject to applicable legal penalties, from: (i) modifying, deleting, sabotaging or otherwise violating, or assisting, encouraging or facilitating third parties to violate the Platforms; or (ii) in any way use the Platforms or any of their components to defraud these Terms of Use and/or violate Brazilian law.

If ICBC Bank identifies, or is notified by an interested third party, about the existence of an unlawful act related to the use of the Platforms, the content will be promptly removed, with the identification of the responsible and the appropriate legal measures will be taken.


5. INTELLECTUAL PROPERTY

ICBC Bank is the exclusive owner of all rights, moral and patrimonial, incidents or possibly incidents on visual and/or artistic aspects of the Platforms, as well as the source code, technical, design, process, reports, and other elements that help characterize the Platforms, all distinctive signs, brands, logos and any material subject to protection by copyright or industrial property. In order to allow the User to use Internet Banking, ICBC Bank grants, for the duration of its relationship with ICBC Bank, a personal, limited, revocable, non-transferable, non-exclusive and non-sublicensable license of the rights to intellectual property necessary for the use of Internet Banking, which does not include rights of reproduction, alteration, communication to the public or any form of distribution. Any copying, alteration or redistribution of Internet Banking, the Website, the source code or any element included under the acronym “Intellectual Property” (as defined above) in part or in whole is strictly prohibited. The User also agrees that it will not do, attempt to do, or help anyone to do any type of reverse engineering or attempt to access the Platforms' source code.


6. WARRANTY EXCEPTIONS

The Platforms are offered as they are, and ICBC Bank does not guarantee that they are considered suitable or suitable for any purpose other than those specifically and expressly described in these Terms of Use, and the User must use them at their own risk.

The Platforms were developed according to market standards of quality, security and confidentiality, with ICBC Bank always seeking to comply with the highest standards of good practice with regard to the maintenance of the Platforms and the security and confidentiality of the data contained therein. ICBC Bank does not guarantee, however, that the Platforms are perfect or not subject to security failures and operating errors. The User, when using the Platforms, declares that he is aware of the provisions herein and that ICBC Bank cannot be held responsible for such occurrences, and ICBC Bank undertakes, on the other hand, to always act diligently to resolve any and all problems security, confidentiality or reliability of the Platforms, within a reasonable time.

ICBC Bank cannot guarantee the absolute security, integrity and confidentiality of data, whether personal or not, entered on the Platforms, if the mobile or fixed devices used to access the Platforms present, by themselves, security vulnerabilities, whether accidental (errors, bugs, or others) or intentional, whether caused by third parties (malware, code violation, cyber attacks) or by the User (through procedures that decrease the device's security, such as jail brake or obtaining root access).

The User is aware that, despite all the security that ICBC Bank implements on its Platforms, it is possible that malicious agents may try or effectively violate the Platforms, or the User's device to gain an advantage for themselves or for third parties, not if there is any ICBC Bank liability for damages arising from the actions of malicious agents.

The Platforms are subject to interruptions or failures that may be caused by instabilities of third party access providers, technical failures, maintenance, fallibility of internet connection service providers, and Banco ICBC is not liable for any damages or losses arising from such events.

6.1 Liability Exceptions

ICBC Bank, its administrators, employees and subcontractors are not responsible for any damage, whether physical, moral, aesthetic, economic, accidental, punitive, loss of chance, lost profits, loss of data, or any other that the User or a third party may experience directly or indirectly related to the use of the Platforms. The User also acknowledges that the ICBC Bank is not responsible for any type of damage arising from, but not limited to, equipment failure; security vulnerabilities in access devices to the Platforms, damage caused by the User's actions or omissions; misuse of equipment and devices; interruptions or errors in data transmission over the internet or cell phone; damages of any nature arising from the knowledge that unauthorized third parties may have of any data or passwords obtained from the User, intervention of any kind by the government or force majeure or unforeseeable circumstances. The Platforms are offered as they are and the use made of the Platforms is the responsibility of the User.

ICBC Bank, its administrators, employees and subcontractors are not responsible for any damage, whether physical, moral, aesthetic, economic, accidental, punitive, loss of chance, lost profits, loss of data, or any other that User or experience due to illegitimate third party interference with the Application.

If ICBC Bank is involved in any way in extrajudicial collections or any other judicial measure as a result of damage caused by a User or persons for whom the User is responsible, the User shall intervene in the procedures in progress, in order to exempt ICBC Bank of any liability and of any possible negative result. In addition, ICBC Bank will have full right of recourse against a given User when the damage to be indemnified results directly or indirectly from the fault or intent of that User.

ICBC Bank will not have the obligation to provide and will not provide any logs or logs of connection and access to Internet Banking that do not concern the requesting User, unless so determined by a court decision issued by a competent authority.


7. GENERAL PROVISIONS

These Terms of Use are governed by the laws of the Federative Republic of Brazil, which is fully applicable to any disputes that may arise over the interpretation or execution of these Terms of Use, as well as any other dispute that directly or indirectly involves the use of the Platforms by the User.

The jurisdiction of the city of São Paulo, State of São Paulo, will be competent to settle any and all disputes arising from these Terms of Use, excluding any other, however privileged. It is also clear that the use of Services and orders commanded outside Brazilian territory, or those arising from operations initiated abroad may also be subject to the legislation and jurisdiction of the authorities of the countries where they are commanded or initiated.


8. CONTACT WITH THE ICBC BANK

In case the user has any doubts, wants to make a complaint or to exercise any of his rights as a Personal Data Holder in accordance with our Privacy Policies and Cookie Policy, please contact our Privacy Officer (DPO), through the contact below.
dpo@br.icbc.com.cn.

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