This notification is addressed to our clients who trade products associated with interest rates, credit, fx and or repo, and who have received a letter from UBS AG Tokyo Branch on sharing non-public information with companies within our group company.
On June 1, 2009, amendments to the so-called firewalls regulations came into force. The amendments allow non-public information about a customer to be exchanged and shared among group companies when the customer has been appropriately granted opportunities to request for the discontinuance of the sharing of information among group companies. In this context, UBS AG, Tokyo Branch, (“our bank”) would like to provide and share non-public information about your company among our group companies (“our group company”) in accordance with Article 153,Paragraph 2 of the Cabinet Office Ordinance regarding Financial Instruments Business (“Business Ordinance”). If your company wishes to discontinue the provision of non-public information to our group company, please contact the help desk indicated at the end of this notice.
1. Scope of non-public information provided to our group company
Non-public information about your company that has come to our knowledge until now (indicating “undisclosed information” as prescribed in Article 1,Paragraph 4, Item12 of the Business Ordinance on past transactions, the transaction schedule, and the timing of transactions, etc.; hereinafter “Non-public information”) and Non-public information about your company that could come to our knowledge in the future.
2. Scope of our group company to which Non-public information is provided
Our group company includes UBS Group AG, UBS Securities Japan Co., Ltd. and its parent companies (referring to the companies prescribed in Article 15-16, Paragraph 1 of the Financial Instruments and Exchange Act Enforcement Ordinance (FIEA)) and its subsidiary companies. (referring to the companies prescribed in Article 15-16,Paragraph 2 of the FIEA)
3. Methods of providing Non-public information
The provision of Non-public information with a group company may be made verbally, in writing, by email, or by some other method that gives access to or shares databases.
4. Methods by which the recipient manages Non-public information
Our group company, which is the recipient of Non-public information about your company, has taken the necessary steps in the management of Non-public information to ensure that Non-public information is not wrongly accessed or misused, by setting restrictions on access, etc.
5. Purposes of the use of Non-public information by the recipient
Our group company, which is the recipient of Non-public information about your company, may use Non-public information about your company for the purpose of managing business relationships with your company and/or proposing or providing financial products or services to your company.
6. Method of managing Non-public information when the provision of the Non-public information concerned to our group company is discontinued
Regarding the Non-public information about your company that our bank obtain after your company makes a request to discontinue the provision of Non-public information about your company to our group company, our bank shall treat such information as non-public information other than Non-public information that can be shared among our group company (“Unshared information”) and shall not provide Unshared information about your company for the purpose of business. In addition, our bank shall decide in advance which companies’ Unshared information can be accessed by double-hatted personnel of the sales division and other divisions that use non-public information in our bank and our group company and shall take necessary measures to prevent them to access to other companies’ Unshared information. However, please note that, with respect to the Non-public information about your company that our group company has already received from our bank, our group company, which is the information recipient, shall continue to possess such information with appropriate management and shall in future solicit transactions, etc. using the Non-public information concerned.
7. Request to stop provision of Non-public information about your company
If your company would like us to stop the provision and sharing of Non-public information about your company among our group company, please contact Compliance Department by using the Opt-out Notice
〔Location〕East Tower, Otemachi First Square, 5-1, Otemachi 1-chome, Chiyoda-ku, Tokyo
UBS AG Tokyo Branch, Compliance Department
Telephone number: 03-5208-6077（Hours: Monday to Friday 9 a.m.-5 p.m. except for public holidays）