Digital/Quick Account Opening Terms and Conditions.

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UNIVERSAL MERCHANT BANK TERMS AND CONDITION FOR CUSTOMER ON-BOARDING

Please read this document carefully. It provides you with important information about your account(s) with Universal Merchant Bank.

A. TERMS / SCOPE
The information contained herein together with any further instructions and conditions that may be prescribed by the Bank from time to time shall constitute the terms of agreement between the Customer and Universal Merchant Bank Limited (UMB). When this application form has been signed, it will be deemed to have been accepted as binding on the Customer and the Bank. These conditions apply to each account opened under the account opening form or in any other acceptable manner. The Customer will provide Universal Merchant Bank with all documents and information reasonably required in relation to any account or service as required and bounded by the Data Protection Act, 2012 (Act 843).

B. THE ACCOUNT
The Customer shall assume full responsibility for the genuineness, correctness and validity of all endorsements appearing on all negotiable instruments like cheques, bills, notes etc. and all others which are deposited into the account.
The Bank will not be responsible for any loss of funds deposited with it arising from any future Government order, law, tax, levy, embargo, moratorium, exchange restriction or any other cause beyond its control. Your account will be debited for any service charge set by the Bank as they become due. All notices and letters will be sent to the physical, postal, or electronic address provided by you and will be considered duly delivered and received on delivery date or within seven days hence. The Bank will not be liable for monies handed over to staff members who are not tellers/cashiers on the premises of the Bank. Any anomalies detected in entries on your bank statements must be reported to the Bank authorities promptly within thirty (30) days. Failure to do so absolves the Bank from any liabilities arising thereof. The Bank may exercise its general lien or any similar right it is entitled to including the right to combine and consolidate all or any of the Customer’s accounts with the Bank, and the right to set off or transfer any sum or sums standing to the credit of any one or more of such accounts against liabilities in any other account.

C. INSTRUCTIONS
Universal Merchant Bank Limited may rely on the authority of each person designated (in a form acceptable to UMB) by the Customer to send instructions or to do any other thing until UMB has received written notice or other notice acceptable to it or any change from a duly authorized person and UMB has had reasonable time to act (after which time it may rely on the change). The Customer and UMB will comply with certain agreed security procedures (the ‘Procedures’) designed to verify the origination of instructions between them such as enquiries, advice, and instructions. UMB is not obliged to do anything other than what is contained in the Procedures to establish the authority or identity of the person sending an instruction. UMB is not responsible for errors or omissions made by the Customer or duplication of any instruction by the Customer and may act on any instruction by reference to an account number only, even if an account name is not provided. UMB may act on an instruction if it reasonably believes it contains sufficient information. UMB may decide not to act on an instruction where it reasonably doubts its contents, authorization, origination, or compliance with the Procedures and will promptly notify the Customer (by telephone if appropriate) by its decision. If the Customer informs UMB of its decision to recall, cancel or amend an instruction, UMB will use its reasonable efforts to comply. If UMB acts on any instruction sent by any means requiring manual intervention (such as telephone, telefax, telex, e-mail or disks sent by messenger) then, if UMB complies with the Procedures, the Customer will be responsible for any loss UMB may incur in connection with that instruction.

D. CHEQUES
The Bank is under no obligation to honour any cheques drawn on the account unless there are sufficient funds to cover the value of said cheques or such cheques may be returned unpaid. All cheques or other instruments/instruction assigned by you (or either or both of you if a joint mandate) will be processed by the Bank and your account(s) will be debited for such cheques/instruments/instructions. The Bank may exercise its discretion in allowing withdrawals against uncleared cheques and when such cheques are returned unpaid, thereafter, the Bank shall have the right to hold on to the returned cheques and take action to recover the value of the withdrawals from you. The Bank may wish to confirm before payment of cheques drawn on the account(s) through any known telephone numbers or emails. Your cheques must be protected to prevent unauthorized access and withdrawals; failure to do this will result in your accounts being debited without any claim on the Bank. When your cheque book gets lost, is misplaced or stolen, you must promptly advise the Bank to place a stop to avoid unauthorized use. The Bank shall not be liable for any unauthorized use of such cheques if not promptly reported. The Customer is obliged to notify the Bank promptly on any notice of inaccurate debits on account otherwise the Customer will have no claim on the Bank. The Customer must return any unused cheques to the Bank for destruction if the account is closed.

E. OVERDRAWN ACCOUNTS
To receive overdraft privileges, the Customer must make prior arrangements with the Bank. However, the Bank may agree to temporal overdraft to honour cheque(s) at a penal interest rate. Such unarranged overdrafts are for short periods and must be cleared within an agreed upon reasonable period.

F. STATEMENT AND ADVICE
Statement and advice will be delivered electronically (e-statements, e-alerts or SMSS alerts). These can also be provided on request in printed format for visa and audit purposes, but for a fee. The Customer will be required to notify the Bank promptly if notice of any anomaly is detected for quick redress.

G. INTEREST, FEES, AND OTHER AMOUNTS
You will be required to pay interest charges at the Bank’s fixed approved rates on any loans, overdrafts, and outstanding debits on current accounts. You shall also be required to pay the Bank’s fees and charges on current accounts

and for services rendered. Unless otherwise agreed, the Bank reserves the right to modify or review its rates, fees, and charges periodically.

H. SHARING OF INFORMATION
UMB will treat information relating to the Customer as confidential, but the Customer consents to the transfer and disclosure by UMB of any information relating to the Customer for confidential use by law, regulator, or court order. The Bank shall also provide the customer with Privacy Statement for the customer to provide his/her consent.

I. CHANGE OF MANDATE
The Customer must notify the Bank immediately of any change in address, directors, trustees, secretaries, and designated members. Any change in authorized signatories must be signed in accordance with existing mandate and accompanied by a Board resolution to that effect.

J. FORCE MAJEURE
Neither the Customer nor UMB will be responsible for failure to perform its obligations if hindered by a Force Majeure Event. ‘Force Majeure Event’ refers to any event that is beyond the control of the relevant parties such as sabotage, systems failure, fire, flood, explosion, acts of God, civil commotion, strike or industrial action of any kind, riots, insurrection, war or acts of government.

K. TERMINATION
Either party may terminate this agreement at any time subject to any legal requirement by way of notification in writing. On closure of an account, the termination becomes effective after any cheques drawn on the account or any outstanding debits have been paid; and all cheque books, cards issued, and all information and equipment supplied by UMB on the account have been returned to the Bank. Where the Bank is terminating the relationship and the account is overdrawn, you must pay all outstanding amounts on the account, or the Bank may take the appropriate legal action to recover fully. All mandatory documentation required to make the account operational must be provided within the specified time frame, otherwise the account will be closed after prior notice to you.

L. DISCLAIMER CLAUSE
The Bank disclaims liability for any funds/assets deposited by you which are subsequently found to have been derived from illegal source or activities. You confirm that the funds/assets deposited are not derived from any illegal sources or activities

M. DORMANT ACCOUNT OPERATION

If your account become dormant without any transaction/activity from the customer for 2 years, your account(s) shall be restricted internally for a further 3 years as an unclaimed funds. If beyond the 5 years (2-year dormant period and 3 years restricted period) the account is still not activated, the bank shall transfer the credit standing as balance in the account to the Bank of Ghana in line with dormant and unclaimed funds directive from the Bank of Ghana.

N. ANTI-BRIBERY & CORRUPTION

At UMB, we build relationships based on trust, and we are determined to maintain and enhance our reputation. For this reason, we never accept or pay bribes, including facilitation payments. Even unsubstantiated claims of bribery and corruption may damage UMB’s reputation. Everyone involved in UMB’s business must comply with the anti-bribery and corruption (ABC) laws of the country as well as those that apply across borders. You are not to give any form of money for the services to any individual staff of the bank. You shall be called upon to sign a certificate ABC when accessing certain services of the bank.

N. ANTI-MONEY LAUNDERING & TERRORIST FINANCING

Money laundering occurs when the proceeds of crime are hidden in legitimate business dealings, or when legitimate funds are used to support criminal activities, including terrorism which seeks to promote an ideology. All companies are at risk of being exploited in this way – and we must be on our guard to help protect our reputation and ensure we comply with the law. The Bank shall therefore require of you in an instance where the data on you deviate from a particular transaction we may processing into your account. Such funds may be restricted if you fail to provide reasonable documentation to support the transaction and further update your information with us. Signatories as per the mandate on the operations of the account.

UNIVERSAL MERCHANT BANK (UMB) DATA PRIVACY STATEMENT

INTRODUCTION

Universal Merchant Bank is a universal bank licensed by the Bank of Ghana and registered as Data Controller with the Ghana Data Protection Commission. As part of the on-boarding process otherwise your account creation with us to ensure our relationship with you set off, we are bounded by the Ghana Data Protection Act, 2012 (843) as we obtain some personal data and special characters from you.

WHAT PERSONAL DATA WE COLLECT
Personal data that we may process, as appropriate throughout the on-boarding process includes, but is not limited to:
1. name and contact details (such as telephone number, e-mail address and postal address).
2. date of birth and place of birth.
3. current and previous employment details (including salary/bonus and employee benefits schemes).
4. Profession
5. gender.
6. marital status.
7. evidence of identity such as national ID/passport/resident card.
8. immigration status and work permits including employment pass/work authorizations or other relevant documents.
9. video, photographic images or audio recordings submitted or made as part of the on-boarding process.

We may also process sensitive or special Personal Data where relevant to the customer on boarding process and where laws permit us to do so, including where necessary to accommodate any special requirements.

Sensitive or special Personal Data processed may include but is not limited to screening for:

1. criminal record.
2. Adverse media on you.
3. Any Sanction matches
4. Disability status.

The Bank is committed to treating every prospective customer fairly in the on boarding process as part of our application process. These questions are asked purely for the purposes of furthering those aims and creating a diverse and inclusive working environment. We also process Personal Data provided by you in relation to third parties when it relates to your application for account opening with UMB, such as details of your referees or declaring close personal relationships, close financial relationships, client, and business partner connections for the purpose of protecting UMB and its customers from conflicts of interest, fraud and other financial crime. It is your responsibility to ensure anyone about whom you provide us with Personal Data is made aware that you are providing their Personal Data and for what purpose.

HOW WE COLLECT YOUR PERSONAL DATA

We collect Personal Data in the following ways:
We collect personal data directly from you without any intermediary. The Bank has no agency relationship with any entity to collect personal data on its customers. The Bank as a Data Controller can be represented by any of its staff to collect your personal data. We shall however screen your personal name against data bases in certain websites.
1. UN Sanction list
2. EU Sanction List
3. Internally Generated Blacklist
4. Social Media Network Sites

We will not collect your photographs or videos from any Social Network Site unless you submit a photograph or video voluntarily as part of your on-boarding process. We may also obtain your contact details from publicly available sources, including content that you have made public on Social Network Sites for professional purposes to make initial contact with you for recruitment purposes. If we contact you in this way, you will be given the opportunity to opt out of receiving any further information about career opportunities with UMB and you can subsequently opt out at any time by contacting privacy.data@myumbbank.com

PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

The processing of your Personal Data for recruitment purposes is:
1. As part of the product participation as required by the terms and condition.
2. necessary to consider whether to enter banker-customer relationship with you.
3. necessary to comply with any legal right or obligations to which we are subject in relation to your participation of our product; or
4. carried out with your consent, to carry out criminal record checks and pre-on-boarding searches with a credit reference agency, & where the laws permit; and includes but is not limited to the following:
5. to process your product application form including to identify and contact you.
6. to determine basis to conduct verification on some of the personal information provided as part of KYC process of the bank for the position applied for.
7. to assist in the administration of the Bank’s marketing programme, customer services campaign planning, and compliance with nbsp;&related internal policies; and
8. to provide you with information about other update if you would like the UMB to send you such notifications, which may include using data analytics to match your profile against future product launches.

TO WHOM WE MAY DISCLOSE YOUR PERSONAL DATA

UMB operates locally in Ghana but have customers globally and do not any authorized employee, agent and adviser in other countries that may be involved in processing your on-boarding application process. Your Personal Data may be disclosed to any of the following for any of the purposes outlined above:
1. Law Enforcing Agencies (Police, OSP, EOCO and others) for investigation and intelligence gathering
2. The Bank of Ghana as part of their regulatory function and other regulatory bodies, eg Ghana Revenue Authority, Securities and Exchange Commission, National Pensions Regulatory Authority, National Insurance Commission.
3. Corresponding Banking Partners as part of their request for information on any transaction performed through them.
4. any court, tribunal, Regulatory Authority or Governmental Entity.
5. any criminal records bureau, credit bureau or credit reference agency when conducting background checks.
6. Financial Intelligence Centre for performance of their function as intelligence gathering institution.
7. third parties to verify the accuracy of the Personal Data you provide us with for background screening; and
8. third parties to whom we may transfer our rights and/or obligations under any agreement, including but not limited to a potential merger or acquisition of all or part of the Bank’s business.
9. In some circumstances, we may provide your Personal Data to a third party who will determine how and why it will be processed. For example, where allowed by law we may transfer your personal data to third parties we are partnering for product development.
10. The Bank is an equal opportunity for all customers and its committed to a diverse and inclusive customers and will always consider any reasonable adjustments which could be made to accommodate special requirements.

HOW LONG DO WE RETAIN YOUR PERSONAL DATA?

Personal Data is retained if necessary for the purpose for which it is collected and to meet legal, regulatory, and operational requirements. Retention periods begin counting upon exiting relationship for a minimum period of 5 years. At the end of the retention period, non- identifiable data is kept for management information purposes.

UMB may also retain your contact information for the purposes of inviting you to join our respondent surveys that are taken for customer services enhancement. If you join our Surveys Network, you will receive information about UMB, invitations to events and/or receive information regarding our products that may be relevant to you. If you choose not to join the Survey Network, we will record that fact and will only retain the minimum Personal Data necessary to ensure you are not contacted again about any survey.

HOW WE PROTECT YOUR PERSONAL DATA

The security of your Personal Data is important to us and UMB implements technical and organizational measures to safeguard your personal data.

As a Bank, UMB manages its customers resources on a Bank wide basis and authorized personnel may access your Personal Data in any department or unit in which UMB operates. Your Personal Data may therefore be transferred to employees, agents, advisors, or third-party service suppliers, and other third parties authorized to act on our behalf in departments and units. When using external service providers, we require that they adhere to security standards mandated by UMB and regardless of where Personal Data is transferred, we take all steps reasonably necessary to ensure that it is kept securely.

If you are a European and applying a patronizing UMB product, we will ensure that we incorporate in our data privacy with the principle in your home country when dealing with you.

You should be aware that the Internet is not a secure form of communication and sending and receiving information over the Internet carries with it risks including the risk of access and interference by unauthorized third parties. We do not accept responsibility or liability for the confidentiality, security, or integrity of your Personal Data in connection with its transmission over the Internet.

UPDATING YOUR PERSONAL DATA/PROFILE

The Bank shall intermittently contact you for reconfirmation of your personal data with us from a period between a year and four years from the date of your on-boarding. In case there is a trigger events we may also approach you reconfirm/update your personal data. We also urge you to approach us through any of our channels if any of your personal data has changed.

It is therefore a joint responsibility to maintain and update the personal data provided by you in your profile and UMB may from time-to- time request, via email that you update your Personal Data to ensure it is accurate. You can access, update, or delete your Personal Data in your profile at any time.

AUTOMATED MARKETING OF UMB PRODUCT

UMB uses several assessments across its products and which ones you encounter depend on the product for which you are patronizing. These assessments may include surveys, comments, feedback solicited based on the personal information we have on you.

We may send an automated marketing messages containing new products and other new regulatory directive covering our relationship with you through the agreed channel we have on you and may include ‘WhatsApp’ messaging.

BACKGROUND SCREENING

If you open an account with UMB, the accuracy of the Personal Data you have provided will be verified by our third-party background screening vendors whose application may have been integrated into our system.

A criminal record search will be undertaken, where allowed by applicable law. You may also be required to consent to such checks being undertaken. If you do not give your consent where required, we will not be able to continue with the on-boarding process including the exiting of relationship.
We may also use the services of a credit reference agency (“CRA”) to verify public information such as court judgments, bankruptcies, decrees, and administration orders. The CRA will record that such a search has been made about you.

Where there are anomalies or discrepancies you will be contacted by the Bank, and you may be required to supply further personal data to enable further enquiries/verification to be completed.
If you do not provide information where requested, provide misleading, false, or inaccurate information or withhold any material information, we reserve the right to stop the process including reporting to the Law Enforcing Agencies.

VIDEO INTERVIEWS

If you are selected to participate in a video survey, you will be directed towards our third-party digital platform, where you will need to provide verbal responses to pre-set questions displayed in text, and these are designed to assess your opinion on the topic being discussed. Your recorded interview will be held securely on the third-party platform, where it may also be accessed for the provision of technical or administrative support by the parties involved in its maintenance and operation.

MINORS

UMB on-boarding activities are generally not aimed at minors. If you are a minor, you must obtain the consent of your parent or guardian before contacting UMB in relation to our on-boarding relationship. With our specialized product you can on-board with your guardian.

THIRD PARTY WEBSITES

This Privacy Statement does not apply to any processing of your Personal Data carried out by or on behalf of any third-party websites where UMB online account opening advertisements are displayed or to linked third-party websites that UMB does not operate or control.

UPDATES TO THE ON-BOARDING PRIVACY STATEMENT

This on-boarding Privacy Statement may be updated from time to time, and it is your responsibility to visit our websites regularly for the most recent version.

ACCESSING AND CORRECTING YOUR PERSONAL DATA

If you wish to access, correct, or request deletion of your Personal Data other than your profile through the website, or have questions regarding this Statement please email: data.privacy@myumbbank.com

If you are registered to receive alerts or other information and then subsequently you no longer wish to receive such information from us, you have the option at any time to amend your profile choices so as not to receive such alerts and/or other information from us.

YOUR RIGHT TO ERASURE

You may have the right in some circumstances to ask for some of your personal data to be deleted, for example when there is no longer a valid reason to process it. This is not an absolute right to have any personal data deleted that you wish.

YOUR RIGHT TO OBJECT TO OR RESTRICT THE PROCESSING OF YOUR PERSONAL DATA

In some circumstances you may have the right to object to how we process your Personal Data or restrict its processing, but this does not mean you can decide or choose how we process your Personal Data. If you have any concerns about how we process your Personal Data, please email: data.privacy@myumbbank.com

COMPLAINTS

If you have a complaint in relation to the processing of your Personal Data and you are not happy with the way we deal with it, please email: data.privacy@myumbbank.com

The Data Protection Office can be contacted at: data.privacy@myumbbank.com or at Universal Merchant Bank Emporium Building Airport City, Liberation Road GP Address GL-126-4342 Accra, Ghana.
You also have the right to complain to any data protection authority that exists in the country where you have a relationship with the Bank.

You may also have this right in the country in which are you are located if this is different from the country with which you have a Bank relationship. For details, please email the Data Protection Commission. Mon-Fri: 9.00-17.00, +233 (0) 256301533 info@dataprotection.org.gh. East Legon, Pawpaw Street, GPS: GA-414-1469, P.O. Box CT7195, Accra. Ghana

Please find below your consent for processing your personal data in accordance with our privacy document— are you happy to continue with the on-boarding application process?

 

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Contact Details

Mailing Address: P.O. Box GP 401,
Accra, Ghana