As at July 2023

The following data protection information provides an overview of how we collect and process your data.

The purpose of this document is to provide you with information about how we process your personal data and what rights you have in this respect under the data protection regulations. Which data is processed in detail, and how the data are used is largely determined by the requested respectively the agreed services.

The data controller is:

HSBC Transaction Services GmbH
Hansaallee 3
40549 Düsseldorf, Germany
Tel: +49 (0)211 9100
Email address: transactionservices@hsbc.de

Our data protection officer can be reached at the following address:

HSBC Transaction Services GmbH
Data Protection Officer
Hansaallee 3
40549 Düsseldorf, Germany
Tel: +49 (0)211 910-2006
Email address: datenschutz@hsbc.de

We process personal data that we obtain in the course of our business relationships or the initiation of business relationships with our customers and business partners, their representatives, authorised agents and other persons associated with our customers and business partners, and with prospects. Where it is necessary in order for us to render our services, we also process personal data that we lawfully obtain from publicly available sources (e.g. commercial registers, press, internet) or that is legitimately provided to us by other companies within the HSBC Group or by other third parties. Relevant personal data includes your particulars (e.g. name, address and other contact details, date and place of birth, and nationality), data concerning your credentials (e.g. ID data), and authentication data (e.g. template signature). Further data that may be processed includes data arising from the performance of our contractual obligations, data required for tax purposes, marketing and sales data as well as documentation data (e.g. notes of meetings) and other data that is comparable with the specified categories.

We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Data Protection Act (BDSG):

a. For the fulfilment of contractual obligations (Art. 6 (1) b GDPR)

Personal data is processed (Art. 4 (2) GDPR) for the purpose of fulfilling our contracts with our customers and business partners or to conduct steps, upon request, prior to entering into a contract.

b. As part of the balancing of interests (Art. 6 (1) f GDPR)

If necessary, we will process data that goes beyond what is necessary simply for the fulfilment of the contract in order to safeguard our own, or a third party's legitimate interests. Examples:

- Needs analyses with a view to contacting customers or prospects directly,
- Marketing, unless you have objected to the use of your data,
- Assertion of legal claims and defence in the event of legal disputes,
- Guaranteeing IT security and IT operations,
- Prevention and investigation of criminal offences,
- Building and site security measures (e.g. access controls),
- Measures to guarantee the domestic authority,
- Measures related to business management and the further development of products and services.

c. Based on your consent (Art. 6 (1) a GDPR)

If you have given us your consent to process personal data for specific purposes (e.g. to allow a phone call to be recorded or for you to be contacted by a prospective customer as a reference), the processing of this data is lawful on the basis of your consent. Consent can be withdrawn at any time. This also applies to the withdrawal of declarations of consent granted to us before the entry into force of the General Data Protection Regulation, i.e. before 25 May 2018. Please note that this withdrawal of consent is not retroactive. Data processing that took place before consent was withdrawn is not affected.

d. On the basis of statutory provisions (Art. 6 (1) c GDPR) or in the public interest (Art. 6 (1) e GDPR)

We are also subject to a range of legal obligations, i.e. statutory requirements (under the German Anti-Money Laundering Act (GwG) and tax legislation, for example). Data is processed for purposes including identity checks, prevention of fraud and money laundering, the fulfilment of monitoring and reporting obligations under tax law, and the evaluation and management of risks within HSBC Transaction Services GmbH and the HSBC Group.

Access to your data is provided to those departments within HSBC Transaction Services GmbH that need this data in order to meet our contractual and legal obligations. Service providers and agents used by us may also be provided with data for these purposes, provided they undertake to comply with data protection regulations and agreements. These service providers and agents are companies and businesses operating in the following areas: banking services, IT services, logistics, printing services, telecommunications, auditing (e.g. independent auditors, internal auditors), advice (such as tax and legal advice), consultancy, and sales and marketing.

Data is shared with recipients outside HSBC Transaction Services GmbH only if we are required by law to disclose it or if you have consented to this. Subject to these conditions, recipients of personal data could include:

- Public bodies and institutions (e.g. tax authorities, law enforcement authorities) if a legal or official obligation exists.
- Other companies within the HSBC Group for risk management purposes based on legal or official obligations.

Other data recipients could include bodies to which we are entitled to provide information based on the consent you have given us.

Data is transferred to bodies in countries outside the European Union and outside the European Economic Area ('third states') if
- it is prescribed by law (e.g. reporting obligations under tax law),
- you have given us your consent.

Where necessary, we will process and store your personal data for the duration of our business relationship with you. This includes the contract origination and implementation stages. It should be noted that our business relationship is a contract for the performance of continuing obligation that is intended to run for a number of years.

If the data is no longer required for the fulfilment of contractual or statutory duties, it is periodically deleted unless its continued processing - for a limited time - is necessary for the following purposes:
- Fulfilment of duties to preserve records under commercial and tax law: relevant legislation in this respect includes, in particular, the German Commercial Code (HGB), the German Tax Code (AO) and the GwG. The time periods specified in these laws for the retention of records and/or documentation range from five to ten years.
- Preservation of evidence in line with the statutory limitation periods. In accordance with section 195 et seq. of the German Civil Code (BGB), these limitation periods can last up to 30 years although the standard limitation period is three years.

In accordance with the procedural rules set out in Article 12 GDPR, every data subject has the right of access under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR, and the right to data portability under Article 20 GDPR. The right of access and the right to erasure are subject to limitations under sections 34 and 35 BDSG.

Data subjects may consult our data protection officer on any matters in relation to the processing of their personal data and the exercise of their rights in this regard (Article 38 (4) GDPR).

There is also a right to lodge a complaint with a supervisory authority (Article 77 GDPR in conjunction with section 19 BDSG).

Within the scope of our business relationship, you only need to provide the personal data that is required to establish, execute and terminate our business relationship and any information that we are legally obliged to collect. If such data is not provided, we will generally be unable to conclude a contract with you or execute an order for you and we may be forced to suspend the performance of any existing contract or terminate such an existing contract, if applicable.

In accordance with the anti-money laundering regulations, we are specifically obliged to identify you using an identification document prior to the establishment of the business relationship and to collect and record your name, place and date of birth, nationality, address, and identification data. So that we can satisfy this statutory obligation, you are required under applicable anti-money laundering legislation to provide us with the necessary information and documentation and to promptly notify us of any changes that arise during the course of the business relationship. If you do not provide us with the necessary information and documents, we are not permitted to commence or continue the business relationship desired by you.

We do not use fully automated decision-making processes within the meaning of Article 22 GDPR.

We do not use your data for profiling activities.

1. Right to object on a case-by-case basis

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you that is based on Article 6 (1) e GDPR (data processing in the public interest) or Article 6 (1) f GDPR (data processing on the basis of a balancing of interests); this also applies to any profiling based on this provision within the meaning of Article 4 no. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing the data which override your interests, rights and freedoms, or for the establishment, exercise, or defence of legal rights.

2. Objection to the processing of data for direct marketing

In individual cases, we use your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling, to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, we will no longer process your personal data for this purpose.

The objection is not subject to any particular requirements of form and should, if possible, be addressed to:

HSBC Transaction Services GmbH
Data Protection Officer
Hansaallee 3
40549 Düsseldorf, Germany
Tel: +49 (0)211 910-2006
Email address: datenschutz@hsbc.de