SMBC Nikko Securities Inc. (hereinafter, the “Nikko”) and Sumitomo Mitsui Banking Corporation (hereinafter, the “SMBC”) would like to comprehensively provide prompt and high-quality proposals and solutions to customers by mutually cooperating and appropriately accommodating the diversified needs of customers.
In this regard, customer information may be shared between Nikko and SMBC and utilized as set forth under the “Opt-Out Method” (*) as described below in accordance with the Japanese firewall regulations.
- *The “Opt-Out Method” means that the corporate customer information may be shared, only if (i) prior notification regarding sharing of information has been provided to the customer; and (ii) an opportunity for the customer to cease and desist from sharing information is properly provided. Prior to the receipt of the request from customer to stop sharing information, it shall be treated as if such written consent to sharing of customer information has been obtained from the customer (Refer to the “Cabinet Office Order on Financial Instruments Business, etc.”, Article 153, paragraph (2) and Article 123, paragraph (2) effective on June 1, 2009).
1. Customers subject to sharing of customer information according to the “Opt-Out Method”
Customers, who have been given the notice for sharing of information regarding customer’s transactions by mail or hand-delivery, shall be subject to the policy of sharing of information according to the “Opt-Out Method”.
2. Extent of customer information subject to be shared and utilized
Customer information which SMBC and Nikko have in possession of or may soon become aware of, in connection with the customer’s transactions (In case that prevailing provisions have been stipulated separately in another agreement (e.g. non-disclosure agreement) with respect to handling of customer information, such provisions shall supersede).
In case that the customer requests, at his/her own discretion, specific information to be handled differently, SMBC and Nikko shall accept such request. If customer instructs us so specifically before providing us with any particular information, such particular information will not be shared between SMBC and Nikko.
3. Companies which share and utilize customer information
SMBC and Nikko
4. Sharing and utilization methods for customer information
SMBC and Nikko shall share customer information in an appropriate manner with the utmost care taken in order to prevent from any leaks of information.
5. Management and retention methods for customer information
The customer information shared between SMBC and Nikko shall be handled and managed while taking the utmost care, such as prohibiting the use of information for other purposes and preventing from leaks of information, pursuant to the internal rules pertaining to information management and retention in accordance with applicable laws and regulations.
6. Utilization purpose of customer information
Customer information shall be shared and utilized in order to propose and provide financial products and services most appropriate to the needs of customers.
Please note that the customer information shall be properly shared and utilized in fully complying with the solicitation policy of SMBC and Nikko for customer information for the afore-mentioned purposes.
7. Cease and desist from sharing customer information
If we receive a written notice from the customer to request to cease and desist from sharing information between SMBC and Nikko (Refer to the “Request to cease and desist from sharing information” below), SMBC and Nikko shall promptly cease and desist from sharing customer information.
Please note that we may still share customer information for cases as described below, even for the case that we received the said notice.
- -In cases where customer information is required for performing our own internal management affairs (defined as affairs related to Compliance Management, affairs related to management of risk of loss, affairs related to an internal audit and internal inspection, affairs related to finance, affairs related to accounting, affairs related to tax, and affairs related to sales and purchase or other transactions of securities and Over-the-Counter derivatives).
- -In cases where customer information is required such as by the Laws and Regulations.
However, as for the information which has been shared between SMBC and Nikko prior to receiving the said notice from the customer, SMBC and Nikko shall continue to retain and may utilize such information. The said information shall be managed and retained according to the method as described in 5 above.
- (1)As for written consent obtained from the customer to sharing of information, relevant information shall be continued to be shared in accordance with the said written consent.
- (2)Where prevailing provisions are stipulated separately in another agreement (e.g. non-disclosure agreement) with respect to handling of customer information, such provisions shall supersede.
Please contact your relationship manager in charge to request to cease and desist from sharing information. Furthermore, requests can be made at the Customer Support of head office through mail or "Opt-Out Inquiry Desk" through e-mail.
Customer Support, SMBC Nikko Securities Inc.
Address: Tokyo Dia Building No. 5, 1-28-23, Shinkawa, Chuo-ku, Tokyo, 104-8271, Japan
Opt-Out Inquiry Desk, Sumitomo Mitsui Banking Corporation
E-mail address: Consent@dn.smbc.co.jp