Personal Policies and Legal Commitments


Patriot Act Certificate

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Boubyan Bank is committed to cooperate and comply with law enforcement and regulatory agencies to fight against money laundering and terrorist financing.  As such, the Bank has developed an Anti-Money Laundering and Counter Terrorism Financing Policy (AML/CTF) and put it in place along with processes, systems and controls to   identify, manage and mitigate the risk of money laundering and terrorist financing.

The Board of Directors and Senior Management of the Bank have ongoing oversight of the Bank’s AML/CTF policy and procedures. All employees must comply with these, attend specific trainings to their role and awareness sessions on new AML/CTF trends, and report suspicious transactions or behaviors.

Our AML/CTF Policy covers various pillars, including:

  • Customer Identification (KYC)
  • Monitoring Transactions and Customers
  • Identifying and Reporting of suspicious or unusual transactions
  • Continuous Training on AML/CTF
  • Risk based approach

Being a financial institution, Boubyan Bank is subject to the regulations set by the IRS and OECD, which were enforced by the Kuwait Ministry of Finance through agreements signed by the Kuwaiti Government with the above-mentioned parties. Hence, to protect our clients and preserve our shareholders’ interests, we are committed to comply with FATCA and CRS regulations.

FATCA and CRS reflect a global trend to increase tax transparency and affects all U.S. persons and tax residents (whether individuals, entities, or entities which are substantially owned by U.S. person(s)/tax residents) in different countries/jurisdictions, transacting with financial institutions around the globe.

If you are a U.S. person or tax resident in another country, please visit your Boubyan Bank branch and fill out the required documents to ensure your compliance with FATCA and CRS requirements.

Frequently Asked Questions about FATCA and CRS:

FATCA

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CRS

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Boubyan Group GIIN’s

No.

Boubyan Entity

GIIN

1

Boubyan Bank K.S.C.P

2ACPDD.00000.LE.414

2

Boubyan Capital Investment Company K.S.C.C

2ACPDD.00001.ME.414

3

Boubyan Financial Fund

2ACPDD.00003.ME.414

4

Boubyan KD Money Market Company Ltd

2ACPDD.00002.ME.136

5

Boubyan Multi Asset Holding Fund

2ACPDD.00004.ME.414

Boubyan Bank's W-8BEN-E Form:

W-8BEN-E Form

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Introduction

Boubyan Bank, Kuwait (hereinafter referred to as "we" or “our” or "us" or “Boubyan” or “organization” or “company”) respects your right to data privacy. In this Notice “you” or “your” refers to data subjects (customers, employees, website visitors or contingent workers) whose personal data is processed by Boubyan. This privacy policy explains how we collect personal information and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations and our policy in relation to the personal information we keep on record.

What Does Boubyan Do?

Boubyan Bank, Kuwait, is an Islamic bank that works in compliance with the Islamic Shari’a and applies the correct Islamic teachings in all its transactions with the finances of investors and customers, be they individuals or companies. Boubyan Bank is working hard to spread an integrated Islamic banking culture among its customers and staff by being the Islamic role model that we all seek. For more information about Boubyan, please visit our website at Policies and Legal Commitments

Data Privacy Officer

Boubyan Bank has appointed a Data Privacy Officer for you to contact if you have any questions or concerns about Boubyan’s personal data policies or practices. If you have any questions or concerns about this privacy notice or about how we handle your personal data, please contact the Data Privacy Officer at dpo@bankboubyan.com.

Boubyan’s Data Privacy Officer contact information: 

       Address : Boubyan Bank, Mubarak Tower, Ali Al Salem Street, Qibla – Block 3

       Email : dpo@bankboubyan.com

       Tel : 2232 5000

When Do We Collect Your Personal Data?

Direct Interactions

We collect and hold information about you when you:

  • Complete an online application or fill a form at the branch;
  • Provide us with your contact address or email address;
  • Access and use our services through our website.

We also collect some statistical information about visitors from our website (for example, the number of visitors, the viewed pages, the types of transactions conducted, the time spent on the website and the downloaded documents). Some of this statistical information is collected by using cookies, but none of the statistical information we collect allows us to identify a visitor. We use this information to evaluate our website performance and continually improve our services

Automated Technologies or Interactions

Log Files.

Log information is data about your use of the Service, such as IP (Internet Protocol) address, browser type, referring/exit pages, operating system, date/time stamps, and related data, stored in log files.

Cookies.

A cookie is a small data file transferred to your computer (or other device) when it is used to access our service.Cookies may be used for many purposes, including to enable certain features of our service and remember your preferences, your equipment and your browsing actions and patterns. Cookies can help us better understand how you interact with our service so we can provide you with advertising on and off the service, and so we can monitor the visitors usage as well as the online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. However, if you do not accept cookies you may not be able to use all the portions or functionalities of our service.

Third Parties or Publicly Available Sources

We may receive aggregated personal data about you from various third parties as mentioned below: Technical Data from the following parties:

Technical Data from the following parties:

  • Analytics providers such as Google and Facebook;
  • Social media platforms such as Facebook, Twitter, Instagram or LinkedIn.

What Personal Data Do We Collect?

The types of information that we keep on record will depend on the type of product or banking services requested by you. Generally, we may collect, store, use and keep a record of one or more of the following categories of personal data about you: Identity Data • Full name • Resume

Contact Data

  • Email address
  • Telephone numbers/ contact number

Credit Information

  • Credit information about you and property reports about any property that secures your obligations to us if you apply for a Murabaha or a credit card or if you guarantee another individual’s Murabaha;
  • Account transaction information including credit and debit.

Profile Data

  • Your interests, preferences, feedback and survey responses;
  •  Profile image;
  •  About (mentioned in resume);

Usage Data

  • Information about how you use our website,
  • products and services;
  • Information on what you view, click on and access through our emails and text messages, website and mobile.

Marketing and Communications Data

We do not collect any personal data for marketing purposes. However, we may ask you to leave a review or take a survey to help us provide you with better services. We may also collect your personal data when responding to your queries and comments, social media posts and questions.

Sensitive Information

We do not actively seek to collect sensitive information, unless it is necessary for our Bank business purposes. If we do have to collect sensitive information, we will do so in accordance with the Bank’s Privacy Principles. Our intent is not to collect or process any sensitive information about you, unless required by applicable laws. However, in certain circumstances, we may need to collect, or request your sensitive information for employment related purposes via a shared resume. This can include for example data on your hobbies, gender or disabilities for the purposes of equal opportunities monitoring and in order to comply with anti-discrimination laws and government reporting obligations.

How and Why Do We Use Your Personal Data?

We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:

  • To respond to your request or to be able to process your application for our banking products or services (including performing the identity check required by the Financial Transaction Reports, and the needs analysis in relation to other banking services, where necessary);
  • To effectively manage and administer all the products and banking services we provide to you including banking, treasury, financial planning and other services (for example we may use your email address, mobile or telephone number to communicate with you about the banking services we provide to you);
  • For reasons of substantial public interest, or for official purposes or as requested by the investigation authorities, police or governmental authorities on a lawful basis;
  • Where it is necessary for the establishment, exercise or defense of legal claims, or for the purposes of carrying out obligations and exercising our or your rights in the fields of employment, social security and social protection law;
  • Based on your explicit consent; f) Where we need to perform the contract we have entered into with you;
  • Where it is necessary for our legitimate interests (or those of a third party) and where your interests and fundamental rights do not override those interests;
  • Where processing is necessary in order to protect the vital interests of the data subject.

Legitimate Interest

  • It means the interest of our business in conducting and managing our business activities to enable us to give you the best service/product and the best and most secure experience;
  • We make sure that we consider and balance any potential impact on you (both positive and negative) as well as your rights before we process your personal data for our legitimate interests;
  • We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by laws). 
  • We may also use your personal data in the following situations, which are likely to be rare:
    • Where we need to protect your interests (or someone else's interests);
    • Where it is needed in the public interest or for official purposes.

Purpose/ Activity, Type of Data and Lawful Basis for Processing

We have set out below, in a table format, a description of all the ways we plan to use your personal data and the legal bases we rely on to do so. We have also identified our legitimate interests, where appropriate.

Note that we may process your personal data based on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

However, we normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is within the legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In certain cases, we may also have legal obligations to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another data subject.

Some of the above grounds for processing will overlap and there may be several grounds that justify our use of your personal data.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest

To manage our relationship with you, which will include:

  • Notifying you about changes to our terms or privacy policy;
  • Asking you to leave a review or take a survey;
  • Responding to your queries and comments, social media posts and questions.
  • Identity
  • Contact
  • Profile
  • Performance of a contract with you;
  • Necessary to comply with a legal obligation;
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services);

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

  • Identity
  • Contact
  • Technical
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise);
  • Necessary to comply with a legal obligation.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

  • Identity
  • Contact
  • Profile
  • Usage
  • Technical
  • Necessary for our legitimate interests (to study how customers use our products/ services and to develop them).

To use data analytics gathered from our website in order to improve our website, products/services, marketing, customer relationships and experiences.

  • Technical
  • Usage
  • Aggregated Data
  • Necessary for our legitimate interests (to define the types of customers for our products and services and to keep our website updated and relevant).

To make suggestions and recommendations to you about products or services that may be of interest to you.

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
  • Aggregated Data
  • Necessary for our legitimate interests (to develop our products/services).

To power our security measures and services to protect you and our business

  • Identity
  • Technical
  • Usage
  • Necessary for our legitimate interest so you can safely access our website and mobile applications.

If we ask you to provide any other personal data not described above, then the reason for requesting that personal data will be made clear to you at the point we collect it.

However, we may also use your personal data for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable laws.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details provided.

With Whom Does Boubyan Share My Personal?

Occasionally, we may have to share your personal data with the parties defined below for the set out purposes.

External Third Parties

  • Regulators and other authorities that require reporting of processing activities in certain circumstances.
  • The Police, local authorities, courts and any other government authority if they ask us to do so (but only if our doing so is lawful).
  • Other people who make a ‘data subject request', where we are required to do so by law.
  • We may also share the information we collect where we are legally obliged to do so, e.g., to comply with a court order.

International Transfers

Some of our external third parties are based outside Kuwait, so their processing of your personal data will involve a transfer of data outside Kuwait. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

Please contact us if you want further information on how we transfer your personal data outside Kuwait.

How Do We Protect Your Personal Data?

We use appropriate technical and organizational measures to protect the personal data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data.

A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider. Where it is within our control, we put measures in place to ensure this 'in flight' data is as secure as it possibly can be.

Sensitive data like passwords are protected for data in transit by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. These include network security solutions like firewalls and / or network access control that secure the networks used to transmit data against malware attacks or intrusions.

We use secure means to communicate with you where appropriate, such as 'https' and other security and encryption protocols.

How Long Will We Keep Your Personal Data?

To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we need it for the purposes we acquired it for in the first place. After that, we will either delete it or anonymize it so that it cannot be linked back to you.

We retain personal data we process where we have legitimate interest, performance of the contract, vital interest of data subject or of another natural person, performance of a task carried out in the public interest or in the exercise of official authority vested in our organization, or for the purposes of satisfying any legal, accounting, or other regulatory reporting requirements, or with your consent.

Automated Decision Making

Automated decisions are decisions concerning you which are made automatically on the basis of a computer determination (using software algorithms), without human intervention. We do not use automated decision making.

What Are Your Data Protection Rights?

Your Duty to Inform Us of Changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes by keeping your details up to date on our website.

Your Rights in Connection with Personal Data

Under certain circumstances, by law you have the right to:

  • Request erasure of your personal data.

    This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing it, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. However, note that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

  • Right to withdraw consent at any time

    where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We may also contact you to ask you for further information in relation to your request to speed up our response.

If you wish to exercise any of the rights set out above, please contact us at dpo@bankboubyan.com

Indemnity and Limitation of Liability

You agree to defend, indemnify and hold harmless Boubyan, its officers, directors and employees from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable legal fees and costs, arising out of or in any way connected with your access to or use of this site.

Although the company shall make every attempt to keep the website free from viruses, it cannot guarantee that it is virus/ malware free. For your own protection, you should take the necessary steps to implement appropriate security measures and utilize a virus scanner before downloading any information from the website.

The company, its directors and employees, shall not be liable in any manner whatsoever for any direct, indirect, incidental, consequential, or punitive damage resulting from the use of, access of, or inability to use the information available on the Website or the services provided by the company. The company, its directors and employees shall not be liable in any way for possible errors or omissions in the content of the Website.

Intellectual Property Rights

All information in this website is protected by copyright and other intellectual property rights. No images, text or other content from this website may be distributed or reproduced without the prior written approval from the company.

Changes to This Data Privacy Notice

We may update this data privacy notice from time to time in response to emerging legal, technical, contractual, regulatory or business developments. When we update our data privacy notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material privacy notice changes if and where this is required by applicable laws

You can see when this privacy notice was last updated by checking the “last updated” date displayed at the top of this privacy notice.

If you have any questions about this privacy notice, please contact the Data Privacy officer at dpo@bankboubyan.com

Boubyan Bank makes no representation or warranty of any kind, express, implied or statutory, regarding this website or the materials and information contained in or referred to on each page associated with it. The material and information contained in this website is provided for general information only and should not be used as a basis for making business decisions. Any advice or information received via this website should not be relied upon without consulting more accurate or more up-to-date sources of information or specific professional advice. You are recommended to obtain such professional advice where appropriate.

Financial calculations and exchange rate data are presented in certain cases in approximate, summarized or simplified form and may change over time. In particular, no warranty is given that this information, material or data is accurate, reliable or up-to-date.

Boubyan Bank accepts no liability for any loss or damages, arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this website, howsoever arising, including any loss, damages or expenses arising.

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