Effective 15 August 2022
This Privacy Notice applies to information about individuals which constitutes personal information under PRC data protection and privacy laws such as the Personal Information Protection Law (“PIPL”). It applies to The Bank of New York Mellon Corporation and all its affiliates ("BNY Mellon", "we", "us"), including the BNY Mellon entities in the PRC: The Bank of New York Mellon Shanghai Branch, The Bank of New York Mellon Beijing Branch, and Eagle Investment Systems LLC Beijing Representative Office. Details about all BNY Mellon entities are available at https://www.bnymellon.com/apac/en/about-us/locations.html.
We may amend this Notice from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check this page for the latest version of this Notice.
Personal Information We Collect
If BNY Mellon collects personal information about you, you will usually:
- be registered with or use one of our website(s) or online services;
- be a private client;
- represent one of our institutional clients;
- work with us as a service provider; and/or
- visit a BNY Mellon office or register to attend a BNY Mellon event.
Personal information we collect will fall within one of the following categories:
- Personal and contact details - personal information, including your signature, and your contact information.
- Identification - Government-issued identifiers and identification documents, and personal information that may be contained in them.
- Financial and transactional - Financial information about you, account authentication details, transactional information and credit information, including your financial interests and holdings.
- Business - Information collected through your use of our products and services.
- Technical - Details about your devices and technology that you use to access our services, including IP address.
- Communications and CCTV - Information we capture through your communications with us, e.g. emails and instant messaging, voice recordings of telephone conversations, and CCTV images if you visit our offices.
- Publicly available - Details about you that are in public records and information about you that is openly available on the internet.
Many data protection and privacy laws, including those in the PRC, treat some of these categories as sensitive personal information and afford them additional protections. We will only process sensitive personal information where it is necessary, if the law allows us to do so, and with your consent.
You are not required to provide any of the personal information that we request. However, failure to supply personal information may result in us being unable to offer or continue offering to you our products and services.
Purposes For Which We Process Personal Information
Personal information we collect will be processed for one or more of the following purposes:
To manage your relationship with BNY Mellon:
- To manage our relationship with you or your business;
- To develop new ways to meet our clients’ needs and to grow our business;
- To develop and carry out marketing activities in order to keep our clients informed about our products and services; and/or
- To develop and manage our brand.
To administer and deliver our products and services:
- To manage and deliver our products and services, and develop new products and services;
- To manage fees, charges and interest due on client accounts;
- To understand how our clients use products and services from us and other organisations, for example through research and analytics;
- To manage how we work with other companies that provide services to us and our clients, for example our relationships with vendors and suppliers; and/or
- To exercise our rights set out in agreements or contracts.
Crime prevention and detection:
- To detect, investigate, report, and seek to prevent fraud, financial crime and anti-money laundering, for example through know-your-customer checks, AML screening and other identity checks; and/or
- To comply with other laws and regulations that apply to us, for example other financial services or jurisdiction-specific legislation.
To protect our brand, our business and our clients’ interests:
- To manage risk for us and our clients;
- To respond to complaints and seek to resolve them;
- To comply with foreign laws, law enforcement and regulatory requirements that may affect us as a global institution;
- To protect our IT systems, network and infrastructure; and/or
- To run our business in an efficient and proper way.
We do not process your personal information to make automated decisions about you.
How We Collect Personal Information
We will collect personal information from one or more of the below sources:
- Directly from you throughout our relationship, including when you use our products, services and websites;
- From other BNY Mellon entities;
- From third parties that are authorised to share your information with us, such as intermediaries, broker dealers, our institutional clients and service providers; and/or
- From publicly available sources of information.
Disclosure and Cross-Border Transfer of Personal Information
We disclose personal information in accordance with applicable law to the following recipients, which may be located outside the PRC:
- within BNY Mellon;
- third parties who help manage our business and deliver services, such as IT service providers. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us;
- any person you authorise, including an authorised representative;
- agencies and organisations working to prevent fraud in financial services;
- our regulators;
- to comply with applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies, subject to applicable law.
BNY Mellon may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personal information may be disclosed in accordance with applicable law to any potential or actual third party purchasers of such assets and/or may be among those assets transferred.
BNY Mellon operates on a global basis. Accordingly, your personal information may be transferred and processed outside the PRC. Cross-border transfers of personal information will only be made in accordance with applicable law, under specific contract terms and with relevant consents.
Storing And Retaining Personal Information
BNY Mellon will retain your personal information for as long as required for the purposes for which it was collected, or where we are required to do so in accordance with legal, regulatory, tax, accounting, or necessary business requirements, in accordance with our corporate retention schedule. For more information on the retention of your personal information, you can contact us.
We may use your personal information to let you know about BNY Mellon products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
You can ask us to stop direct marketing at any time. You can ask us to stop sending email marketing by following the 'unsubscribe' link you will find on the email marketing messages we send you. Alternatively, you can contact us. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email).
Your Legal Rights
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. You can exercise your rights by contacting us.
To the extent provided by applicable law you have the right to request information about the ways in which and under what rules your personal information is processed by us; to request access to and a copy of your personal information; to rectify or delete your personal information; to restrict or refuse its processing; and to data portability.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing to you the personal information requested. We reserve the right to charge a fee where permitted by law. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way. Please note that depending on your location your rights may vary.
If we have collected personal information with your consent, you have the right to withdraw this consent at any time, subject to applicable law and exemptions thereunder. Withdrawal of your consent may result in us being unable to offer or continue offering to you our products and services.