PRIVACY POLICY

Last revised June 2020

At NCB (Cayman) Limited (“NCB Cayman", "we", “us” or "our"), we are committed to protecting your privacy and safeguarding your personal, business and financial information.

The purpose of this Privacy Statement is to inform you about the types of Personal Information, as defined below, that we process. It explains how we use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct that information.

This Privacy Statement is designed to meet the standards prescribed by Cayman Islands Data Protection Law (“DPL”) and best practice.

From time to time, we may make changes to this Privacy Statement. The Privacy Statement is current as of the “last revised" date which appears at the top of this page.

We will treat Personal Information in a manner consistent with our Privacy Statement, unless we have your consent to treat it differently. This Privacy Statement applies to any information we collect or receive about you, from any source.

The Statement covers the following:



1. What is Personal Information?

2. How do we collect your Personal Information?

3. Where do we store your Personal Information?

4. How do we use your Personal Information?

5. To whom do we provide your Personal Information?

6. When and how do we obtain your consent?

7. How do we ensure the privacy of your Personal Information when dealing with our affiliates and other third parties?

8. How long will we use, disclose or retain your Personal Information?

9. How can you access your Personal Information that we have collected, utilized or disclosed?

10. How do you know that the Personal Information we have on you is accurate?

11. What if the Personal Information we have on you is inaccurate?

12. How fast will we respond to your written requests?

13. Are there any costs to you for requesting information about your Personal Information or our Privacy Policy or practices?

14. How do we verify your identity when you request access to your Personal Information?

15. What safeguards have we implemented to protect your Personal Information?

16. How can you withdraw your consent to our processing of your Personal Information?

17. How do you contact us regarding access to your Personal Information or our Privacy Statement and practices?

1. What is Personal Information?

"Personal Information" is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, mental, economic, cultural or social identity of that natural person. This information may include, but is not limited to, your mailing address, telephone number, email address, Internet Protocol (“IP”) address, age, gender, marital status, health information, financial status, credit card information and credit history.

We collect the following types of Personal Information:

Contact – information that allows us to communicate with or contact you (e.g., address, telephone number, e-mail, social media account name and fax number).

Identity – information that allows us to identify you or to meet tax, anti-money laundering and other “know your client” legal and regulatory obligations (e.g., name, national identification number, date of birth, occupation, government-issued identification and country of tax residency).

Financial – information that allows us to determine creditworthiness or eligibility for or appropriateness of products or services (e.g., employment and financial history with others, income, net worth, credit reports, investment knowledge and objectives, and details of security provided for loans).

Transactional – information about how you use different products or services or otherwise do business with us (e.g., purchase and payment history).

Relationship – information that helps us to understand more about you including how you like to do business and what types of products, services or offers you may like (e.g., communication preferences, location, demographics and interests).

Another Individual – information we request, or that you provide, about an individual other than yourself (e.g., information about beneficiaries under an insurance product, an authorized user of your account, and contact information of someone you believe may be interested in an NCB Cayman product or service). If you provide us with information about another individual, we will assume you have the authority to provide this information and to consent to its collection, use or sharing for the purposes set out in this Privacy Statement.

2. How do we collect your Personal Information?

We will always collect your Personal Information by fair and lawful means (for example, when you engage us to provide services, use our website or speak to an NCB Cayman representative). We collect Personal Information directly from you (e.g., applications for or use of our products or services, communications with us, and user-generated content on our social media websites such as photographs or comments you post), or indirectly from third party sources as otherwise permitted by applicable law.

From time to time, you may voluntarily provide us with unsolicited Personal information (e.g. by providing information through our websites). If you provide such information for any reason, you consent to us using that information in the ways described in this Privacy Statement or as described at the point where you choose to disclose this information. When providing us with unsolicited information, we ask that you do not provide any sensitive information (e.g. Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health information) unless you provide us with explicit consent to collect this information from you.

We may also collect information from other sources such as credit bureau, references you have provided, program partners, government or financial institutions or from public sources such as telephone directories, newspapers, internet sites, commercially available marketing lists or government agencies and registries or public records.

We may monitor or record communications between you and our representatives (e.g., telephone calls) in order to enhance and maintain client service quality, to protect you and us, to confirm our discussions with you or for training purposes. We use surveillance, including videotaping, in and around our branches, ABMs and other locations for the safety of our clients, employees and others, to protect against illegal activity, such as theft, vandalism and fraud, or to enhance and maintain client service quality.

With respect to our websites, we may use cookies, log files and web beacons to collect information regarding the use of the websites. Generally, this information is non-identifiable and would likely not be considered Personal Information.

Cookies: Cookies are small text files placed on your hard drive that assist us in providing a more customized website experience. For example, a cookie can be used to store registration information in an area of the site so that a user does not need to re-enter it on subsequent visits to that area. It is our policy to use cookies to make navigation of our websites easier for visitors and to facilitate efficient registration procedures. If you are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, a visitor may refuse a cookie and still fully navigate our websites.

Log files: In order to properly manage our websites, we may anonymously log information on our operational systems, and identify categories of visitors by items such as domains and browser types. These statistics are reported in the aggregate to our webmasters and are generally non-identifiable.

Web beacons: To gather visitor statistics and manage cookies, we use electronic images called a "single-pixel GIF" or "web beacon." Web beacons allow our third-party tracking tools, to gather information such as the IP address of your computer, the time the material was viewed, and the type of Internet browser used to access the page. If you are concerned about the use of Web beacons you can turn off your browsers' cookies. This action will prevent Web beacons from tracking your specific activity; however, the Web beacon may still record a visit from your IP address.

3. Where do we store your Personal Information?

Personal Information provided to us by our clients is primarily stored on servers maintained by NCB Cayman in the Cayman Islands and by our parent company National Commercial Bank Jamaica Limited in Jamaica. Except where restricted by contractual arrangements or legal requirements applicable to specific clients, we may also leverage the services of select third party service providers. Personal Information that is "in the cloud" may be stored on multiple servers in a number of locations around the world including the USA, Canada and Europe. NCB Cayman has taken appropriate steps for the protection of Personal Information handled by our service providers. Information transmitted to other countries may be subject to the laws and lawful disclosure requirements of the jurisdiction(s) where the information is stored. Personal Information may be stored and processed in any country where we have affiliates or service providers. By using our products or services, you consent to the transfer of information to countries outside of the Cayman Islands which may provide for different data protection rules.

4. How do we use your Personal Information?

We generally use your Personal Information for the following purposes (the "Purposes"):

• to establish your identity and determine your eligibility for products or services;
• to help to ensure that the advice, products or services offered to or purchased by you are appropriate for you;
• to provide you with our services;
• to process and deliver products that you have requested from us;
• to invoice and collect payment for services and products provided by us to you;
• to develop and maintain our relationship with you and communicate with you;
• to meet tax or legal and regulatory obligations;
• to administer referral arrangements;
• to register you for events and meetings;
• to register you for, and facilitate your participation in, certain areas of our website, including any online services, discussion or message forums;
• to research, develop, manage, protect and improve our services;
• to assist us with improving our operational efficiency, marketing campaigns and customer service efforts through the use of data analytics;
• to review and analyze your applications, transactions and other information to understand who you are, your financial needs and activities, and what products, services, and promotions may be of interest to you, including targeting promotions based on information that we have collected;
• to gather your opinion and feedback through surveys;
• to send information to you which we think may be of interest to you, such as, without limitation, market research updates;
• to share with other financial institutions, including correspondent or intermediary banks with which we do business;
• in anonymised form as part of statistics or other aggregated data shared with third parties;
• to enroll you in our contests or promotional programs; and,
• to advise you about new products and services that may be of interest to you (Please note, you can choose not to receive any electronic marketing communications from us by clicking the “opt out” function contained in those electronic communications. You may choose not to receive any direct mail from us by contacting us as indicated in the "Contact Us” section below; and such other uses as may be permitted or required by applicable law).

We identify the purposes for which we use your Personal Information at the time we collect such information from you, and obtain your informed, freely given and unambiguous consent prior to each specific use. When you provide us with consent to use your Personal Information, your consent covers all processing activities carried out for the same purpose or purposes. When the use of your Personal Information has multiple purposes, we will seek your consent for each separate purpose for which the Personal Information will be used.

We do not use solely automated decision- making to process your Personal Information in order to make decisions about you which have legal or similarly significant effects on you. If we intend to do so, we will inform you what information we will use to make solely automated decisions, where we get this information from and you will have the right to require us to reconsider the decision or make a new decision on a different (non-automated) basis.

5. To whom do we provide your Personal Information?

We identify to whom, and for what purposes, we disclose your Personal Information at the time we collect such information from you and obtain your consent to such disclosure.

For example, we may transfer your Personal Information to third party service providers with whom we have a contractual agreement that includes appropriate privacy standards, where such third parties are assisting us with the Purposes — such as service providers that provide data storage or processing.

Generally, we will only make disclosures of Personal Information to such persons for which you provide your consent. Notwithstanding the foregoing, we may also make disclosures of Personal Information to a potential acquirer in connection with a transaction involving the sale of some or all of the business of NCB Cayman or as otherwise permitted or required by law, in which case the use of your Personal Information by the new entity would continue to be limited by applicable law.

Some of the specific ways we share your information within the NCB Group or with third parties include:

Program Partners – We share information with our program partners to help determine your eligibility for an NCB partner program. If you participate in an NCB partner program, we also share information in order to administer, develop, manage and promote the NCB partner program including accrual of points or rewards, reporting on and analyzing the program’s performance, developing new benefits, products or services, and conducting market research. If you withdraw your consent to this sharing we may not be able to provide you with the product or service (e.g., where the program is an automatic benefit of the product like a credit card with a rewards program).

Joint Accounts or Representatives – Where you hold a product or service jointly with another person (e.g., joint accounts) or where someone is authorized to use or access your product or service (e.g., authorized user on a credit card), or where liability is shared with others (e.g., someone has provided a guarantee or indemnity for your obligations), we may share your information with them (or their representative) in connection with the product or service. Where someone is acting as a representative or we reasonably believe is acting with proper authorization (e.g., legal guardian, a person having power of attorney, estate representative, a lawyer, an accountant, and, for minor children, a parent or guardian) we may share information with and take instructions from them.

Protect You – Where you might be a victim of fraud, financial abuse, or other illegal activity or where we have reasonable grounds to believe your interests can best be served by taking action, we may share information with the appropriate legal or governmental authorities, your next of kin or any other appropriate person. In these circumstances, we will only share information we believe is reasonably necessary to protect your interests.

Protect Us – We share information to protect our rights or interests. For example, where we are involved in judicial, administrative or regulatory proceedings, or other similar processes including enforcing our rights (e.g., to collect on a debt) or, in order to comply with any legal and regulatory obligations including any subpoena, warrant, or any judicial, administrative orders or demands.

In addition, we may send Personal Information outside of the country for the purposes set out above, including for process and storage by service providers in connection with such purposes. These service providers will be required to have equal, adequate protection in line with Cayman Data Protection Law requirements.

To the extent that any Personal Information is stored out of the Cayman Islands, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

There are several places throughout our websites that may link to other 3rd party websites that do not operate under this Privacy Statement. When you link to other websites, our privacy practices no longer apply. For this reason, we encourage visitors to review each site's privacy policy before disclosing any Personal Information.

6. When and how do we obtain your consent?

We generally obtain your consent prior to collecting, and in any case, prior to using or disclosing your Personal Information for any purpose. You may provide your express consent to us either orally, electronically or in writing. You may also consent to our collection, use and disclosure of Personal Information by voluntarily providing us with Personal Information through a clear, affirmative action (e.g. by submitting an information request, participating in a survey, etc.). We may also rely on your implied consent to the collection, use and disclosure of your Personal Information where implied consent is permitted under applicable law.

We will not, as a condition of the supply of our services or products, require you to consent to the collection, use, disclosure or protection of information beyond that which is required to fulfill the specified and legitimate purposes for which the information is being collected.

With respect to our websites, should visitors subsequently choose to unsubscribe from mailing lists or any registrations, visitors may send us an email using the Contact us page.

7. How do we ensure the privacy of your Personal Information when dealing with our affiliates and other third parties?

We ensure that all affiliates and other third parties, which are retained to perform services on our behalf and are therefore provided with Personal Information are contractually required to observe the intent of this Privacy Statement and our privacy and data security policies and practices. When providing information to affiliates and/or third parties, we comply with the requirements of the Cayman Data Protection Law.

8. How long will we use, disclose or retain your Personal Information?

The length of time we keep your information will vary depending on the product or service and the type of the information. We keep your information for as long as we reasonably need it for customer service, legal requirements or reasonable business purposes. For these reasons, we keep your information beyond the end of your relationship with us. When your information is no longer required, we securely destroy it or delete personally identifiable information.

9. How can you access your Personal Information that we have collected, utilized or disclosed?

If you make a written request to review any Personal Information about you that we have collected, utilized or disclosed, we will provide you with any such Personal Information as permitted or required by law. We will make such Personal Information available to you in a form that is generally understandable and will explain any abbreviations or codes. To submit a written access request use this form.

10. How do you know that the Personal Information we have on you is accurate?

We will ensure that your Personal Information is kept as accurate, complete and up-to-date as possible. We may request, from time to time, that you supply us with written updates to your Personal Information, as required. If you want to update or correct any Personal Information we hold about you, you should contact the branch or office where your account is held or talk to your NCB Cayman representative or call any of our numbers on our “Contact Us” page.

11. What if the Personal Information we have on you is inaccurate?

If you tell us that we have information about you that is obsolete or incorrect, we will update our records as necessary. When appropriate, we will correct any of your information which we may have given to a third party.

12. How fast will we respond to your written requests?

Unless we advise you to the contrary, we will respond to each of your written requests not later than thirty days after receipt of such requests. We will advise you in writing if we cannot meet your requests within this time limit.

13. Are there any costs to you for requesting information about your Personal Information or our Privacy Policy or practices?

In many circumstances we will be able to provide you with the requested information free of charge. However, in certain circumstances we may lawfully charge a fee covering the cost of providing the requested data and information or we may even lawfully refuse to act on the request. If a fee is payable, then we will generally need to receive it before we can disclose the requested information. However, we will not charge any costs for you to access your Personal Information in our records or to access our Privacy Statement or practices without first providing you with an estimate of the approximate costs (if applicable). You may withdraw your requests for access to information by notifying us within the notice period disclosed on the estimate.

14. How do we verify your identity when you request access to your Personal Information?

We may request that you provide sufficient identification to permit access to the existence, use or disclosure of your Personal Information. Any such identifying information shall be used only for this purpose.

15. What safeguards have we implemented to protect your Personal Information?

We have implemented physical, organizational, contractual and technological security measures to protect your Personal Information from loss or theft, unauthorized access, disclosure, copying, use or modification. The only employees who are granted access to your Personal Information are those with a business 'need-to-know' or whose duties reasonably require such information. All our employees are subject to strict confidentiality and non-disclosure obligations.

17. How do you contact us regarding access to your Personal Information or our Privacy Policy and practices?

For all comments, questions, concerns or complaints regarding your Personal Information or our Privacy Notice, contact us using the details below:

Contact Us:

NCB (Cayman) Limited
Phase II, Cricket Square, 171 Elgin Avenue, P.O. Box 31120, Grand Cayman, KY1-1205, Cayman Islands,
W.I. Tel: +1 (345) 949 8002
Fax: +1 (345) 949 4006
Data Protection Coordinator – LarmondMullingsGY@jncb.com

You also have the right to make a complaint to the office of the Cayman Islands Ombudsman at https://ombudsman.ky/data-protection/public in the event that you are not satisfied with our handling of your data protection complaint.

Copyright 2020 - NCB Cayman Limited. All Rights Reserved. A subsidiary of the NCB Financial Group.

www.myncb.com.