PowerFlex Customer Agreement and other important information

PowerFlex Customer Agreement

Foreign Currency Savings Deposits

PowerFlex is a general account associated with foreign a currency ordinary deposit account. Please confirm the following matters whether or not you have foreign currency deposit transactions.
I confirm and understand that:

  • Unlike regular yen deposits, foreign currency savings deposits are not covered by deposit insurance.
  • There is a risk of capital loss when my deposit is withdrawn and is converted back to Japanese yen, due to fluctuations in the exchange rates.
  • Foreign currency savings deposits may fall below my original investment amount even if there is no currency fluctuation, due to the difference between TTS rate (Exchange rate quote from yen to foreign currency) and TTB rate (Exchange rate quote from foreign currency to yen), which are designated by SBI Shinsei Bank (hereinafter "the Bank").

I do not need issuance of "Product Description of Foreign Currency Deposits to be confirmed prior to concluding the Customer Agreement on Foreign Currency Savings Deposit for PowerFlex Account" .

Account Management Fees

I acknowledge that SBI Shinsei Bank will automatically deduct payment for the account management fees in accordance with the Bank's terms and conditions. <Account management fees are currently waived. In case of any changes, we will notify in advance.>

  1. Account management charges and other commissions with respect to this Transaction shall be determined by the Bank separately herefrom. If the Bank revises those charges or imposes a new charge or commission, the Bank shall automatically debit it from the Yen Savings Deposits for the PowerFlex Account in such manner as designated by the Bank without asking the customer to submit the Card or a withdrawal slip. Charges and other commissions may be revised depending upon changes in the financial market conditions or other factors.
  2. Notwithstanding the preceding Paragraph, if the Bank cannot debit such fee by reason of a balance shortage or any other reason, the Bank shall have the right to cancel the PowerFlex Account or terminate this Transaction in such manner and in accordance with such procedures as designated by the Bank.

Handling of Personal Information of Individual Customers

In accordance with the Act on the Protection of Personal Information (Act No. 57, May 30, 2003) and the Act on the Use of Numbers to Identify a Specific Individual in the Administrative Procedure (Act No. 27, May 31, 2013), the Bank shall use collected customers’ “personal information and ‘social security and tax numbers’ (“Individual Numbers”)” (collectively, “Personal Information”) for the following operations within the scope required to achieve the following purpose of use. The Bank shall stipulate the purpose of use specifically for customers’ clear understanding of the purpose. For instance, when the Bank asks customers to answer questionnaires, the Bank shall endeavor to limit the purpose of use (e.g., to count and organize questionnaire results) according to the situation.

Operations

  • Deposits, domestic exchange, money exchange, loans, foreign exchange, and incidental operations thereto
  • Investment trust sales, insurance sales, securities brokerage, trusts, corporate bonds, and other operations that banks are permitted to operate under the laws, and incidental operations thereto
  • Other operations that banks are permitted to operate, and incidental operations thereto
    (including those that will be permitted to be handled in the future)

Purpose of Use

  1. Purposes of Use of Personal Information
    Of the Personal Information, the Bank shall use personal information to the extent required to achieve the following purposes of use:
    (1)
    Concerning finance instruments and services of the Bank and its affiliates and partners, the Bank shall use personal information for the following purposes of use.The purposes of use include actions such as delivering advertisements and making credit decisions that are taken based on the hobbies, preferences and credit standing of our customers presumed by analyzing their personal information such as transaction history, website view history, other behavior records and information obtained through personal data sharing.
      • Receive applications for financial instruments and services (e.g.,application for opening an account for various financial instruments);
      • Conduct identity verification based on the Act on Prevention of Transfer of Criminal Proceeds and confirm eligibility for using financial services;
      • Conduct management for continuous transactions (e.g., due date control in deposit, loan, and other transactions);
      • Make judgments on the appropriateness of providing financial instruments and services (e.g., judgment against the principle of appropriateness);
      • When all or part of processing of personal information is entrusted by other businesses, accomplish this entrusted operation appropriately;
      • Exercise rights or fulfill obligations in accordance with contracts (i.e., contracts between a customer and the Bank and contracts directly or indirectly related to the Bank's operations) and the relevant laws and regulations;
      • Study and develop financial instruments and services through market research, data analyses, and surveys;
      • Provide customers with various proposals on financial instruments and services by sending direct mail or other means;
      • Provide customers with various proposals on the products and services of its affiliates and partners;
      • Cancel various transactions and conduct management after cancellation of transactions; and
      • Any other purposes for administering the Bank’s financial instruments and services appropriately and effectively.
  2. Purposes of Use of Individual Numbers
    Of the Personal Information, the Bank shall use Individual Numbers and personal information incorporating Individual Numbers within the scope required to achieve the purposes of use listed below:
    (1)
    Individual Numbers administrative operations for customers
      • Application for and report of the opening of accounts for financial instruments transactions
      • Preparation of statutory documents pertaining to financial instrument transactions
      • Preparation of statutory documents pertaining to life insurance contracts and so forth
      • Preparation of statutory documents pertaining to non-life insurance contracts and so forth
      • Preparation of statutory documents pertaining to trust transactions
      • Preparation of statutory documents pertaining to transactions of gold bullion and so forth
      • Preparation of statutory documents pertaining to overseas remittances and other transactions
      • Application of the tax-free savings system and so forth
      • Operation of the property accumulation system (zaikei) and so forth
      • Preparation of statutory documents pertaining to educational funds management contracts
      • Preparation of statutory documents pertaining to marriage/child rearing funds management contracts
      • Provision of Individual Numbers to book-entry institutions and so forth concerning financial instruments transactions
      • Acceptance of applications for income tax convention
      • Operation of numbering deposit accounts
      • Procedures related to the registration, change, and deletion of public fund receiving accounts.
      • Procedures related to the provision of information on deposit and savings accounts in the event of a disaster or inheritance.
      • Procedures related to ensuring the accuracy of personal identification information and individual numbers.
    (2)
    Individual Numbers administrative operations for individuals
      • Preparation of payment reports for compensation, fees, contract money, and awards
      • Preparation of payment reports for real estate rentals
      • Preparation of payment reports for remuneration for the acquisition of real estate and so forth
      • Preparation of payment reports for agent commissions for selling/purchasing/lending of real estate and so forth
      • Preparation of payment reports for remuneration paid to nonresidents and so forth for personal services provision business
      • Preparation of payment reports for real estate rentals paid to nonresidents and so forth
      • Preparation of payment reports for industrial property royalties paid to nonresidents and so forth
      • Preparation of payment reports for machine rental fees paid to nonresidents and so forth
      • Preparation of payment reports for salaries, compensation, pensions, and awards paid to nonresidents and so forth
      • Preparation of payment reports for remuneration for the acquisition of real estate paid to nonresidents and so forth
    (3)
    Utilization for operations related to the Bank to the extent permissible under laws and regulations
    (4)
    If the Bank is entrusted with business by a company or organization and handles the Personal Information of the employees, members, retired employees, and shareholders of such company or organization in the course of business, the Bank shall use their Individual Numbers solely to the extent required to fulfill entrusted operations in accordance with the provisions of the service agreement of each operation.

Handling of Personal Information of Individual Customers

Basic Policy Concerning Protection of Personal Information

Representations and Covenants Renouncing Antisocial Forces

I represent and covenant that I am not and will not be an organized group of gangsters (boryoku dan), a member of an organized group of gangsters, a person whom 5 years have not yet passed since leaving an organized group of gangsters, a quasi member of an organized group of gangsters, an affiliated business enterprise of an organized group of gangsters, a sokaiya corporate racketeer, a hoodlum who claims to advocate for social activities etc. (shakai undo tou hyoubou goro), a violent group with special intellect etc. (tokushu chinou boryoku shudan tou), or others who conform to these persons or groups ("Organized Crime Group Members, etc."), and that I do not, and will not, constitute any of the following 1. (a) - (e), and that I do not, either in person or with the assistance of any third party, engage in any activities that correspond to any of the following 2. (a) - (e). I will not make any objections if the Bank suspends transactions under the PowerFlex account or, upon notice, terminates the PowerFlex account, in cases where: I have breached the representations and covenants I made above; or the representations and covenants I made above have proved to be false. If such suspension of the transactions or termination of the PowerFlex account causes any damages, I shall take full responsibility and I will not claim for any damages against the Bank, and will compensate any damages incurred by the Bank.

1.

(a) Connected with Organized Crime Group Members, etc. where my management is recognized to be controlled by Organized Crime Group Members, etc. ;

(b) Connected with Organized Crime Group Members, etc. where Organized Crime Group Members, etc. are recognized to be substantially involved in my management;

(c) Connected with Organized Crime Group Members, etc. where I am recognized to be wrongfully using Organized Crime Group Members, etc. to fraudulently benefit oneself or a third party or for the purpose of causing damage to a third party;

(d) Connected with Organized Crime Group Members, etc. where I am recognized to be providing funds, etc. or necessary accommodations to Organized Crime Group Members, etc. ;

(e) Officers or persons who are substantially involved in my management have connections with Organized Crime Group Members, etc. which should be socially condemned.

2.

(a) Making a threatening demand (boryoku-teki yokyu koui);

(b) Making an unjustifiable demand beyond legal liability;

(c) In relation to a transaction, engaging in threatening speech or behavior or using illegal force;

(d) Damaging the credit of your Bank or obstructing your Bank's business by spreading false rumors, using fraudulent means or using illegal force; or

(e) Any activities similar to any of the foregoing.

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