Privacy Policy

This Privacy Policy of JSC "ForteBank" (hereinafter referred to as the Policy) governs the relationship between JSC "ForteBank" (hereinafter referred to as the Bank) and the User of the Forte mobile application.
Access to this Policy is available on the official website forte.kz - https://support.forte.kz/
Protecting your personal information is very important to the Bank, so we take special care in safeguarding the data collected and processed when using the Forte application. The Bank must ensure the security of the personal information obtained and requested from Forte application Users in accordance with the legislation of the Republic of Kazakhstan. By accepting this Policy, the User unconditionally consents to the processing of personal data, enabling the User to interact with the Bank within the framework of banking service agreements.
If the User does not agree with this Policy, they are entitled to decline the download of the Forte application, which provides access to remote services.

1. The Bank is obligated to ensure the security of the personal information obtained and requested from Forte application Users in accordance with the legislation of the Republic of Kazakhstan.
2. The Bank is obligated to take measures to prevent unauthorized access by third parties to information constituting the User's banking secrecy. Any such information may only be provided to third parties in the manner established by the legislation of the Republic of Kazakhstan.
3. The Parties agree that all information received under this Policy is confidential, and its disclosure to any third parties without the prior written consent of the other Party is prohibited.
4. The User must keep account details, such as login and password, confidential from third parties. The User agrees to immediately inform the Bank of any suspected unauthorized use of their account.
5. The use of passwords and SMS codes involves the transfer of confidential information to the User or its storage by the Bank. The Bank is obligated to take all necessary and appropriate organizational and technical measures to prevent third-party access to such information before it is transferred to the User and while it is being stored.
6. The restriction established by this clause does not apply to cases where the provision or disclosure of such information is required by individuals or authorities directly authorized by the legislation of the Republic of Kazakhstan.
7. Changing personal information. The User may change (update, supplement) the personal information they have provided or part of it at any time.
8. When using the Forte application, the Bank may request and/or use the following information:
   8.1. Data automatically transmitted during use via the software installed on the user's device, the version of the operating system, including the IP address.
   8.2. Data about the User's location, geolocation, exact location coordinates/approximate location coordinates of the User.
   8.3. User identification data, such as IIN, ID number, last name/first name/middle name, date of birth, as well as biometric data (Face ID, Touch ID) that can be used to identify the User.
   8.4. Access to the User's mobile device camera, access to the media library (photo gallery/video gallery) on the User's mobile device for creating photo documents, creating and/or saving images and/or photos, saving media materials, saving images on the User's mobile device, displaying the User's photo in the Forte application, adding a payment template, and uploading the necessary documents.
   8.5. Read-only access to the state of the User's mobile device, including the phone number, current information about the cellular network, the status of all current calls, and a list of all accounts registered on the User's mobile device to improve the security of the Mobile Application, and to auto-fill the mobile phone number during authorization in the Mobile Application.
   8.6. Access to contact data (phone and/or address book, contacts) on the User's mobile device for the purposes of auto-filling the phone number to make money transfers and pay for mobile communications by Forte application Users.
   8.7. Access to messages on the User's mobile device for the purposes of auto-filling the confirmation code sent by the Bank in the form of an SMS OTP message to confirm the operation.
   8.8. Information about transactions performed. When making payments for goods and services, money transfers, and other operations, the Bank collects data on the place, time, and amount of the transactions, the type of payment method, data about the seller and/or service provider, descriptions of the reason for the transaction, if available, as well as other information related to the performance of the above operations. When using the information of Users, the Bank is guided by this Policy and the Law of the Republic of Kazakhstan "On Personal Data and their Protection" when processing them.
9. The User's personal information remains confidential unless the User voluntarily provides information about themselves for public access to an unlimited number of persons.
10. The Bank is entitled to provide information about Users to its affiliated persons, as well as to partners and other companies related to the Bank for the purposes of collecting and processing personal information. In this case, the Bank’s affiliated persons and companies related to the Bank are obliged to adhere to this Policy. The transfer is provided in accordance with the legislation of the Republic of Kazakhstan within the framework of the procedure established by law.
11. The transfer of the User's data is possible only to ensure the protection of the rights and legitimate interests of the Forte application or third parties in cases where the User violates the User Agreement of the Forte application services.
12. Changes to the Privacy Policy. Applicable law: The Bank is entitled to make changes or additions to this Policy unilaterally, with the publication of the new version on the official website forte.kz. The new version of the Policy comes into force from the moment it is posted unless otherwise provided by the new version of the Policy.

AGREEMENT ON RENDERING ELECTRONIC BANKING SERVICES

Present Agreement on Rendering Electronic Banking Services (hereinafter - Agreement) regulates relations between ForteBank JSC (hereinafter – Bank) and the User, concerning rendering of electronic banking services by the Bank via remote banking service system, using methods complying with the law of the Republic of Kazakhstan. Present Agreement shall constitute an adhesion contract, shall be deemed to be concluded starting from the date of the User due diligence and obtainment of the positive results of such due diligence, as well as acceptance of the terms of the Agreement as a whole, shall have legal force, shall create the appropriate obligations of the Parties and shall be equated with the written form hereof. The Bank shall provide the User with the access hereto at the official website forte.kz. By confirming consent to acceptance of the terms of the Agreement, the User hereby confirms that he has read, understood and consented to the General Terms of the Agreement on Rendering Electronic Banking Services (hereinafter – General Terms), which shall constitute the integral part of the Agreement, and takes it upon himself to meet such terms in timely manner and in full. General Terms are published within RBSS on the support page https://support.forte.kz and on the official website of the Bank at forte.kz. The User understands and agrees that the use of the remote banking service system is possible only on “as is” basis, i.e. according to the set of features, informational content, interface, design and other components and terms of use of the remote banking service system provided by the Bank at any given time within the Agreement’s duration, and changing said features according to the User’s will is a technical impossibility. By signing the Agreement, the User consents to gathering and processing of data/personal data of the User according to the form of the Statement of consent to gathering and processing of the personal and other data published on the official website of the Bank at forte.kz, and confirms that he/she has read, understood and accepts its contents and agrees with the amendment procedure specified therein, and also confirms that the User and his/her spouse/close relatives are not public officials. Otherwise, the User confirms undergoing the process of verification/screening at a branch of the Bank.

1. Subject of the Agreement

1. The Bank, within the framework and under the terms of the Agreement, shall provide the User with electronic banking services via RBSS, using methods complying with the law of the Republic of Kazakhstan, and the User shall pay for the said services in accordance with the rates of the Bank published for public inspection at the generally accessible places at Branches/Outlets of the Bank and on the official website of the Bank at forte.kz.
2. The Bank shall render electronic banking services via RBSS, the chat of the authorized zone (“Assistance 24/7” and “Ask a question online” services), with transition to the messenger apps, in accordance with the security procedures requirements.
3. The User shall be entitled to terminate the Agreement unilaterally, provided there are no unfulfilled obligations under the Agreement, by sending the Bank an appropriate written notification at least 30 (thirty) calendar days prior to the expected date of termination.
4. The Bank shall be entitled to amend or terminate the Agreement, unilaterally and out of court, by publishing the appropriate informational message on the official website of the Bank at forte.kz, or by sending the appropriate SMS-message/Push-notification to the User, at least 30 (thirty) calendar days prior to the expected date of amendment/termination of the Agreement.
5. Termination of the Agreement shall be possible by mutual agreement of the Parties or unilaterally, in case of one of the Parties violating the terms of the Agreement.
6. The Agreement shall be terminated: 1) in cases and according to procedure provided for by the Agreement and the law of the Republic of Kazakhstan; 2) if, during the process of examination of transactions enacted by the User, there are any suspicions that such transactions are being enacted for the purpose of legalization (laundering) of profits earned illegally or for the purpose of financing of terrorism; 3) in case of existence of a record concerning the User on the List of organizations and persons related to financing of terrorism and extremism; 4) if any of the Parties/Participants of a transaction/deal or obligation under a deal is an entity registered/located in a country with significant risks of money laundering and financing of terrorism, identified by an international organization or a foreign state, or if any such entity participates in performance of such transaction/deal; 5) in case of the Bank believing that there exists or may exist any violation of the requirements of the present Agreement or the law of the Republic of Kazakhstan and that of the foreign states, involving the Bank’s activities, or violation of the publicly available internal procedures and conditions of the Bank or that of the correspondent bank, as well as in case of existence of any sanctions complying with the jurisdiction of any country or international organization, which affect the Bank and the User.
7. In all other cases not stipulated herein, the Parties shall be governed by the law of the Republic of Kazakhstan.

GENERAL TERMS OF THE AGREEMENT ON RENDERING ELECTRONIC BANKING SERVICES

The General Terms and Conditions of the Agreement on Rendering Electronic Banking Services (hereinafter - General Terms) is an integral part of the Agreement on Rendering Electronic Banking Services (hereinafter – the Agreement) and contains the basic terms and procedure of rendering by the Bank of the Electronic Banking Services via the remote banking service system. By signing the Agreement, the User agrees that (s)he has read and agrees with the provisions of the General Terms in full, without any remarks and objections and shall comply with all the provisions of the General Terms in full and in a timely manner.

The terms and definitions used throughout the text, shall have the following meaning: 1) authorized zone – an area where the Users find themselves after logging on to the mobile app of the Bank; 2) authentication – confirmation of the authenticity and correctness of forming of an electronic document in compliance with the requirements of the security procedure of the Bank; 3) biometric identification – a User identification procedure for the purpose of definitive confirmation of his/her rights to receive the Electronic Banking Services based on his/her physiological, biological and voice makeup; 4) BCS – banking computer systems; 5) bot (virtual personal assistant) – a special program providing automatic answers to the RBSS Users’ questions during the exchange of messages; 6) virtual card – a payment card issued in electronic form via RBSS by way of the Bank providing the Bank customer with the information on its details by a method provided for by the Agreement; 7) statement – the information on payment and (or) transfers of funds and other transactions performed using the payment cards in accordance with the Agreement. The statement constitutes sufficient evidence of performance of the card transactions using the virtual cards; 9) identification – a procedure of verifying the identity of a customer for the purpose of definitive confirmation of his/her rights to receive the Electronic Banking Services within the Remote Banking Service Systemfor individuals; 10) confirmation code (SMS-code) – a one-time (one-shot), limited time code comprised of the unique consecutive electronic digital symbols created by the Bank firmware at the User’s request and forwarded to the User’s mobile phone number, intended for one-time use when granting the User access to the Electronic Banking Services and for signing the electronic documents in RBSS; 11) User (customer) – an individual – recipient of the banking services via the remote banking service system; 12) Liveness check – an automatic check procedure to identify any signs of manipulation and/or imposture of the actual participation of a customer in the Bank RBSS registration process. For this purpose, the User must perform a certain number of actions requested by the gesture system, while holding his/her face in the focus of a smartphone camera; 13) registration – a procedure of input by the User of the personal data and identification in compliance with the security procedures, for the purpose of activation in the remote banking service system; 14) Remote Banking Service System (RBSS) – mobile Internet-banking for the private individuals; by means of the remote access the Bank renders the Electronic Banking Services to the User; 15) User Instruction – an instruction of a user certified by a confirmation code and transmitted to the Bank via the communication channels used for rendering of the Electronic Banking Services by the Bank by means of the Remote Banking Service System, regarding performance of a payment and (or) transfer of money; 16) chat – automated real-time message exchange service channel for RBSS Users in “Assistance 24/7” and “Ask a question online” services with transition to the messenger apps relating to the authorized zone, intended for RBSS User support regarding the issues of banking products and services, as well as for rendering electronic banking services in accordance with the Bank’s Call Center functionality; 17) Electronic Banking Services – in the context of this Agreement, it means the services specified in the General Terms and rendered by the Bank to the User via the Remote Banking Service System by methods not inconsistent with the law of the Republic of Kazakhstan; 18) jailbreak – means a transaction officially not supported by the Apple corporation and allowing to gain access to a file system of a number of devices of the company, including iPad and iPhone; 19) root – the rights to Android, a special account in the system the user of which has the ability to perform absolutely any operations within the system; 20) Push-notification – a message of informational and advertising nature with a text containing letters and numbers; 21) PIN – personal identification number; 22) SMS-notification – SMS of informational and advertising nature with a text containing letters and numbers; 23) messenger app – a program (application) for smartphones or personal computers, allowing instant text exchange of text messages, images and video fragments. 24) Voice biometrics – a person identification technology using the aggregate of unique voice characteristics. A unique digital voice imprint is formed based on pronunciation, expression, speech rate and accent; 25) Voice imprint is a template created during speech analysis, online as well as offline; Other specific terms and notations used in the text of the General Terms shall be used in accordance with the meaning enshrined in the law of the Republic of Kazakhstan.

1. List of the electronic digital services 1.1. The Bank shall provide the User with the ability to remotely use the following services of the Bank*: 1) providing the information on the balance and cash flow on any bank account of the User opened with the Bank, for a certain time period/as at a certain date; 2) providing the information on the interest accrued on the User’s deposit; 3) providing the information on the number and currency of a bank account, a concluded bank account agreement and an interest rate under a bank account agreement; 4) providing the information on the repayment schedule under a bank loan agreement; 5) providing the information on any debts owed to the service providers; 6) providing the information on the branches and ATMs; 7) providing the information on the currency exchange rates established by the Bank; 8) providing the information on the terms and procedure of rendering of the banking services by the Bank; 9) performance of payments and (or) transfers of money using a bank account, depositing money on the bank accounts, including those of the third parties; 10) performance of payments and (or) transfers of money without opening a bank account; 11) omitted; 12) issue/maintenance of a payment card/credit card online; 13) performance of payments to the service providers; 14) performance of transfers/payments into the budget; 15) repayment of the outstanding bank loans; 16) filing application for an unsecured loan; 17) entering into the bank loan agreements in order to receive loans; 18) opening and managing a bank account online, among other things, by using a payment card; 19) removing/setting limitations for performance of the card transactions abroad, limits for cash withdrawals at ATMs, performance of transactions via the Internet, etc.; 20) temporary blocking and full blocking of a payment card; 21) changing PIN used to log in to RBSS; 22) a service for the real-time exchange of messages with RBSS users (chat); 23) omitted. *The list of services specified in this section is not exhaustive and may be supplemented/amended by the Bank unilaterally in the course of development of RBSS; the Bank shall inform its Users to that effect by posting the appropriate informational message on the official website of the Bank at: www.forte.kz.

1. Rights and responsibilities of the Parties 2.1. The Bank shall be obligated to: 1) ensure identification and authentication of the User in RBSS according to the procedure specified by the Agreement; 2) render the Electronic Banking Services according to the procedure specified by the Agreement and provided for by the law of the Republic of Kazakhstan; 3) notify the User of any technical maintenance performed in RBSS which may interrupt the User’s access and prevent rendering of the Electronic Banking Services, by posting an informational message on the website www.forte.kz, specifying the end date of maintenance being performed; 4) perform the documents/instructions of the User formed and transmitted via RBSS, provided the User complies with the terms of the Agreement and the requirements of the law of the Republic of Kazakhstan; 5) ensure confidentiality, safety throughout the period of storage and invariability of the contents of communication with the user in the authorized zone chats (“Assistance 24/7” and “Ask a question online” services) with transition to the messenger apps, in accordance with the requirements of the law of the Republic of Kazakhstan; 6) the Bank shall be held liable for maintaining the bank secret regarding the User’s transactions. The Information on said transactions may be disclosed only in accordance with the procedure established by the User Agreement and the law of the Republic of Kazakhstan.

2.2. The Bank shall be entitled to:

1) suspend and/or reject performance of the User’s transaction in the following cases: • inability to take steps to perform identification and authentication of the User; • if the User provides a fictitious name when inputting a payment card details; • if the process of examining the transactions being performed by the User leads to any suspicions that any unsanctioned transactions are being performed; • if the User is a person on the list of entities and persons compiled by an authorized body in compliance with the Republic of Kazakhstan Law On Combating Legalization (Laundering) of Profits Obtained by Illegal Means and the Financing of Terrorism (hereinafter – the List); • if one of the parties/participants of a transaction/deal or an obligation under a deal is a person registered in a country with a significant risk of money laundering and financing of terrorism identified by an international organization or a foreign state, or if such a person participates in performance of such transaction/deal; • if the process of examination of the transactions being performed by the User leads to any suspicions that such transactions are being performed for the purpose of legalization (laundering) of profits obtained by illegal means or for the financing of terrorism and the financing of proliferation of weapons of mass destruction; • the User refusing to provide the necessary documents and information, as well as his/her consent to gathering, processing and transfer of the data/personal data of the User to the US Internal Revenue Service, in compliance with the requirements of the Foreign Account Tax Compliance Act (FATCA), including by means of the appropriate public authorities of the Republic of Kazakhstan, except for the cases provided for by the law of the Republic of Kazakhstan; • established by the Republic of Kazakhstan Law On Combating Legalization (Laundering) of Profits Obtained by Illegal Means and the Financing of Terrorism; • if, based on the results of the biometric identification procedure/ Liveness check, it was discovered that the User has provided false information to any extent and/or that the User’s actions and/or signs do not comply with the requirements established by the law and the internal documents of the Bank. At the same time, the User’s consent to the procedure and terms of gathering, processing, storing and transferring of the personal data shall remain effective regardless of the Bank’s refusal to render the Electronic Banking Services; • in cases specified in the Rules on General Terms of Transactions Performance of ForteBank JSC, the General Terms of the Agreement on the Individual Current/Special Current Bank Account and/or in these General Terms; • as provided by law of the Republic of Kazakhstan. 2) on the grounds of the preliminary User’s consent to withdrawal of funds from his/her current account(s) using a payment card opened with the Bank provided by signing this Agreement, to withdraw the amounts of money equal to the tariffs payable by the User for the Electronic Banking Services rendered by the Bank in accordance with this Agreement, by any method not prohibited by the law of the Republic of Kazakhstan; 3) refuse to render services if there are no sufficient funds on the User’s bank accounts with the use of the payment cards opened with the second-tier bank(s) to pay the fees according to the Bank tariffs; 4) refuse to register the payment cards of certain banks or banks of any country, provided if one of the parties/participants of a transaction/deal or an obligation under such deal is a person registered in a country that is subject to sanctions; 5) unilaterally amend/supplement the Agreement, including the tariffs/limits in regards to the services rendered under the Agreement by notifying the User 10 (ten) calendar days in advance prior to entry of such amendments into force, by publishing such information in the publicly accessible areas at the Branches/Outlets of the Bank and on the official website of the Bank at forte.kz, except for the cases directly stipulated by the law, when such unilateral amendment is not allowed. 10 (ten) calendar days after publication of the information on introduction of amendments/supplements to the Agreement, including the tariffs/limits in regards to the services rendered under the Agreement, according to the procedure established in this sub-paragraph, such amendments/supplements shall enter into force; 6) make amends/supplements to the Agreement, including the tariffs/limits in regards to the services rendered under the Agreement, which cannot be made unilaterally in accordance with the law of the Republic of Kazakhstan, by notifying the User 10 (ten) calendar days in advance before entry of such amendments into force, by publishing such information in the publicly accessible areas at the Branches/Outlets of the Bank and on the official website of the Bank at www.forte.kz, on the grounds of the User’s declaration of will expressed by silence. The User’s failure to provide a written declaration of refusal to accept the amendments/supplements to the Agreement, including the tariffs/limits in regards to the services rendered under the Agreement within 10 (ten) calendar days from the date of publishing by the Bank of the message on such amendments/supplements, shall constitute expression of the User’s will and shall mean the User’s consent to such amendments/supplements; 7) change the interface and technical settings of RBSS.

2.3. The User shall be obligated to:

1) when inputting the payment card details in order to perform a transaction in RBSS, provide the actual data of the payment card holder; 2) independently check the correctness of the input payment card details; 3) not disclose/transfer to the third parties the information on his/her own authentication and identification parameters in RBSS, as well as the payment card details when performing card transactions with the use of CVV2/CVC2-code, Verified by Visa/MasterCard Secure Code with confirmation of correct input of a one-time 3D Secure/SecureCode, including the ones related to the recurring payments and (or) transfers; 4) perform transfers of money taking into considerations the transfer amount limits established by the Bank, including the limits of the issuer banks and the limits regulated by the international payment systems; 5) perform all necessary identification and authentication procedures in RBSS established by the Bank; 6) use RBSS in full compliance with the requirements of this Agreement; 7) when it is necessary to perform a payment/transfer of money, ensure the sufficient amount required to perform the payment/transfer of money and to pay a commission fee according to the Bank tariffs; 8) comply with the Bank security procedures requirements; 9) submit to the Bank the documents required to perform the transactions, as well as the documents requested by the Bank for the purpose of conducting foreign exchange control, complying with the requirements of the Republic of Kazakhstan legislation on combating legalization (laundering) of profits obtained by illegal means and the financing of terrorism, as well as gathering, processing and transfer of the User’s data/personal data to the US Internal Revenue Service, in accordance with FATCA requirements, including by means of the appropriate public authorities of the Republic of Kazakhstan. In the event of any changes to the information provided to the Bank in compliance with FATCA requirements (including the information on the fact that the User is not a USA citizen and taxpayer, has not left USA within a year, does not have a permanent residence permit, postal address or a telephone number registered in USA, has not granted any power of attorney allowing performance of the transaction to any person residing within the territory of USA), the User shall notify the Bank independently; 10) periodically monitor the amendments/supplements being introduced to the Agreement and to the Bank Tariffs by way of reviewing them on the Bank website; 11) ensure the Bank’s ability to promptly contact the User in order to clarify the degree of legitimacy (authorization) of any given card transaction; 12) completely withdraw the amount of money on a prepaid virtual card within its period of validity; 13) ensure proper security of the software and computers and other devices used to access the Internet when performing a payment; 14) before changing a mobile device intended for use of RBSS or deletion of the app from the User’s mobile device, it is mandatory to deactivate “Remember me” function in order to correctly receive SMS-notifications/Push-notifications from the Bank; 15) not to hand over to the third parties the means of identification used for logging in to RBSS and rendering of the Electronic Banking Services by the Bank; 16) ensure safety and security of the means of identification used for logging in to RBSS and receiving the Electronic Banking Services. Accept responsibility for the documents signed by the means of identification when receiving the Electronic Banking Services; 17) in the event of loss/theft of the means of identification, identifiers and the corresponding authenticators used for identification and authentication, immediately inform the Bank of that fact, within one hour from the moment of discovering such loss/or compromise of the means of identification; 18) refrain from disclosing to the third parties the records (screenshots) of communications (correspondence) with the Bank in the authorized zone chats (“Assistance 24/7” and “Ask a question online” services) with transition to the messenger apps comprising the confidential information.

2.4. The User shall be entitled to:

1) use the Electronic Banking Services according to the procedure established by the Agreement; 2) receive from the Bank the information and advice regarding the matters of receiving the Electronic Banking Services via RBSS; 3) demand from the Bank the proper fulfillment of its obligations under the Agreement; 4) independently form in RBSS statement regarding the transactions performed using the payment cards and regarding other bank accounts.

2.5. The User confirms that:

1) the User consents to the Bank’s use of a seal in electronic form when signing/marking the applications, statements, bank loan agreements, etc; 2) the User agrees to service in the authorized zone chat (Talkin, “Ask a question online” service) and messenger apps, in accordance with the terms hereof.

3. Procedure and conditions of the Electronic Banking Services rendering

3.1. In order to receive RBSS services, it is necessary to simultaneously meet the following conditions: 1) RBSS access via the official mobile app of the Bank; 2) a mobile phone capable of receiving SMS-notifications sent to a number provided by a Kazakhstan communication provider; 3) the Bank being technically capable of rendering the Electronic Banking Services. 3.2. The User received the right, according to the procedure established by the Agreement, to use the Bank services after registration in RBSS, provided the User has undergone the identification procedure in RBSS. 3.3. By registering in RBSS, the User grant the Bank his/her consent to gathering and processing of his/her personal data, including the biometric and voice data, for the purposes of registration, rendering of services, exercising the rights and performance of obligations under the agreements, as well as to the Bank’s use of the User’s image (photograph) uploaded to RBSS and expresses his/her unconditional consent to the use of the biometric data by the Bank as an identification method (including creation of a voice imprint). 3.4. In order to register, the User without a bank account with the Bank shall input in RBSS his/her mobile phone number and the confirmation code provided by the Bank to the User by sending SMS-notification, then the User shall input IIN and undergo the biometric identification procedure/Liveness check, scan his/her identity document and sign the Agreement. In order the register, the User with a bank account with the Bank shall undergo Identification by specifying the personal mobile phone number to which the Bank shall forward a confirmation code used to verify and confirm the User’s mobile phone number specified for receiving service in RBSS, and then shall sign the Agreement. 3.5. Upon undergoing the registration procedure, the User shall be identified during further receipt of service in RBSS by way of validity check of login and PIN-code of the User. 3.6. Registration in RBSS and receipt of the Electronic Banking Services is performed independently to performing the actions specified herein. 3.7. RBSS is available to the User around the clock. The Bank render the Electronic Banking Services to the User via RBSS, provided the Bank is technically capable to do so. The User may contact the round-the-clock maintenance service regarding the issues related to receipt of the Electronic Baking Services via RBSS by using the phone numbers posted on the official Bank website at forte.kz and/or by using the chat. 3.8. Performance of any transaction specified in the Agreement shall be possible only provided that the User has been identified when drafting, transmitting and receiving the documents via RBSS, as well as provided that the User’s instructions have been authenticated by the Bank by way of verifying the confirmation code input by the User. 3.9. In case of change of the User’s primary mobile phone number, RBSS registration must be undergone again using the new mobile phone number of the User. At the same time, registration using the old phone number of the User shall be null and void. To change a phone number and undergo a repeated registration using the new number, the User may change the primary phone number at a branch of the Bank, by contacting the Bank’s Call Center, or independently in the mobile app. Upon changing the primary phone number, it is necessary to make adjustment of the number specified for SMS-notifications. SMS-notifications number adjustment may be performed on the grounds of a written application of the customer at a branch of the Bank or by contacting the Bank’s Call Center. 3.10. The instructions/documents forwarded by the User to the Bank in electronic form via RBSS, upon the positive outcome of authentication and identification of the User, shall be considered as sent on behalf of the User and recognized as equal to the hard copy documents signed by the User’s own hand. Said documents shall serve as the grounds for performance of transactions and other actions on behalf of the User by the Bank. 3.11. The User and the Bank shall undertake in full all obligations arising from the documents/instructions sent by the User and received by the Bank via RBSS, in accordance with the Agreement. 3.12. The Bank shall provide the User with confirmation of dispatching/receiving the User’s instructions in electronic form (electronic receipt/slip) via RBSS after the positive outcome of authentication and identification of the User. Recording (registration) of the received and/or performed electronic documents shall be performed by the Bank in the electronic record log. 3.13. Upon receipt of the User’s instruction for performance of a transaction via RBSS, the Bank shall carry out such instructions of the User on the day of initiation thereof and according to the procedure provided by the law of the Republic of Kazakhstan. 3.14. When performing the intra-bank and inter-bank transfers to the third-party bank accounts, the remitter shall be responsible for inputting the accurate details of the beneficiary. 3.15. When performing the transactions using the details of the payment cards issued by the second-tier banks, the User’s instructions shall be considered as sent on behalf of the User only upon the positive outcome of verification of input of CVV2/CVC2 and 3D Secure codes. 3.16. A transfer amount may not exceed the transfer amount limits established by the Bank, including the limits of the issuing banks and the limits regulated by the international payment systems.
3.17. When rendering the Electronic Banking Services via RBSS, the Bank shall form the appropriate payment documents in electronic form in regards to all the transactions of the User, according to the procedure stipulated by the law of the Republic of Kazakhstan. 3.18. The payment documents formed by the Bank when rendering the Electronic Banking Services shall be stored in electronic form for at least 5 years. 3.19. The Bank shall send to the User notifications on the performed transactions in electronic form via RBSS. 3.20. The User shall independently exercise control over the Bank’s performance of the User’s instructions received via RBSS. 3.21. Payment of all service fees regarding RBSS services shall be made by the User in accordance with the Bank tariffs. The fee for performed transactions shall be deducted in addition to the transaction amount. 3.22. The Bank shall provide the User with a bank account statement in order to notify the User of the performed transactions in an electronic form online, or in a hard copy format, upon the User’s request at a branch of the Bank. 3.23. The maximum period of rendering of the Electronic Banking Services provided by the Bank throughout the period of the Agreement shall correspond to the period stipulated by the law of the Republic of Kazakhstan. 3.24. The Bank shall accept complaints contesting the transactions performed via RBSS according to the procedure provided by the law of the Republic of Kazakhstan and the rules of the international payment systems. 3.25. When filing a loan application before signing a bank loan agreement/loan facility agreement, the User shall be provided with the information on the bank loans/loan facilities: bank loan/loan facility maturity; maximum amount and currency of a bank loan; rate of return type: fixed or floating, rate of return amount in percent per annum and its amount on a year-on-year, effective, comparable basis; a list and amounts of fees, tariffs and other costs related to receipt and maintenance (repayment) of a bank loan for the Bank’s benefit; customer’s liability and risks in the event of default on the obligations under a bank loan agreement. 3.26. Provided the identification procedure in RBSS was undergone successfully, the customer service in the Bank chat shall be performed without any additional identification.

4. Security procedures

4.1. The Bank uses technologies allowing it to ensure security and confidentiality of the information transmitted through the electronic communication channels. 4.2. The Bank shall ensure authentic identification and authentication of the customer using the following methods: verification of correctness of login, PIN, conformation code, the means of biometric identification, identity document scanning, Liveness check, video interview (if necessary).
4.3. Access to data for review and analysis for the disputes shall be ensured by the ability to maintain records of all the documents sent by the User and the Bank. 4.4. All actions performed by the User within the system shall be recorded in the electronic log. 4.5. In order to ensure protection from the unsanctioned access to RBSS, the Bank implements the automatic verification of the User’s login and PIN. 4.6. The Bank recommends the User to meet the PIN length requirement of at least 6 (six) unique numeric symbols when choosing PIN; 4.7. If a computer/mobile phone/other devise remains inactive for more that 3 (three) minutes after the User has logged in to RBSS, the automatic session exit shall be performed and the session shall be terminated. 4.8. The User shall be able to block access to RBSS by contacting the Bank’s Call Center. 4.9. The Bank may stipulate additional terms and requirements for verifying the authenticity, correctness and credibility of transactions performed by the User and required in order to render the services, for the purpose of increasing the level of protection from the unsanctioned payments, preventing fraudulent actions, prohibiting disclosure of the confidential information or other unlawful actions. 4.10. The User is discouraged from using his/her birth date and other easily gleaned symbol combinations as his/her PIN. 4.11. For the purpose of secure use of RBSS, the User is encouraged to change PIN once a month. 4.12. Provided the procedure of identification within RBSS has been undergone, the user service in the Bank chat shall be performed without any additional identification. 4.13. For the purpose of identification in the messenger app chats, the Bank Call Center operator shall request from the Users their full name and shall compare the full name and the phone number within the system with the one specified in the messenger app. In the event of complete match, an operator shall perform a check and confirmation of a mobile phone number by using a confirmation code sent to the User by SMS-message to the mobile phone number specified by the User as their primary number and by inputting the confirmation code into CRM. In the event of mismatch of the User data, an operator shall forward the User’s chat to callback.

5. Confidentiality

5.1. The Bank shall implement measures aimed at preventing unsanctioned third-party access to the information comprising the bank secret and personal data of the User. Any information of such nature may be provided to the third parties only in accordance with the procedure stipulated by the law of the Republic of Kazakhstan. 5.2. The Parties hereby agree that all the information received by them under this Agreement is confidential and that it cannot be disclosed in any way to any third parties without prior written consent from another Party. The restriction established by this paragraph shall not apply to the cases when the submission or disclosure of such information, according to the procedure stipulated by the law, is predicated upon the request of a person or an authority authorized to that end by the law of the Republic of Kazakhstan.

6. Circumstances of insuperable force (Force Majeure)

6.1. The Parties shall be exempt from liability for failure to perform or improper performance of their obligations under the Agreement if such failure to perform or improper performance was the result of the circumstances of insuperable force (Force Majeure). 6.2. By “circumstances of insuperable force” the Parties mean the circumstances arising after signing of the Agreement as the result of unforeseen and inevitable extraordinary events, such as: war and military action, natural or other disasters occurring in the areas officially recognized as such, acts by the legislative and/or executive authorities of the Republic of Kazakhstan, the National Bank of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Markey, prohibiting or limiting the activities directly related to the subject of the Agreement, due to which it may become impossible to perform the obligations under the Agreement in a timely manner, a shutdown, failure of or errors in RBSS operation and damage to the communication lines ensuring operation of RBSS. The Parties shall make all the efforts depending on them in order to restore the conditions for the proper performance of their obligations. 6.3. The Parties shall, in the event of occurrence of the circumstances of insuperable force, inform each other of that fact within 3 (three) calendar days from the date of such occurrence, unless otherwise specified in the Agreement. 6.4. The Bank, in the event of inability to perform the obligations under the Agreement as the result of the circumstances described in paragraph 6.2. of the Agreement, shall promptly inform the User (by sending SMS-notification/Push-notification to the User’s phone number or publishing the relevant information on the official Bank website at forte.kz). 6.5. In the instances provided in this section of the Agreement, the period of performance of obligations under the Agreement shall be prolonged proportionally to the period of such circumstances and the consequences thereof.

7. Liability of the Parties

7.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the internal rules of the Bank and the terms of the Agreement, and in cases not covered by the Agreement – as prescribed by the law of the Republic of Kazakhstan. 7.2. The Parties shall be mutually liable for the breach of obligations under the Agreement only to the extent of the actual damage and where a Party is at fault. 7.3. For any unjustified failure of the Bank to perform a payment and (or) money transfer order, the Bank shall pay a penalty in the amount of 0,1% of the transaction amount. 7.4. Liability for the damage arising due to the unsanctioned third-party access to RBSS shall be placed upon the guilty party. 7.5. The Bank shall not be liable for the damage arising from the unsanctioned use by the third parties of the User’s means of confirmation if such use became possible through no fault of the Bank. 7.6. The Bank shall not be liable for the damage arising as the result of the use of the mobile app on the devices with jailbreak/ root rights. 7.7. The Bank shall not be liable if the information related to the receipt of the Electronic Banking Services becomes known to the third parties during the receipt of services by the User as the result of their access to the information during transmission via the communication channels outside the Bank. 7.8. The Bank shall not be liable if the User incorrectly inputs the beneficiary’s details during a money transfer to the payment card and account details. 7.9. In case of the Bank’s compliance with the sub-paragraph 1), paragraph 2.1 of the Agreement, the Bank shall not be liable for any unsanctioned payments performed from the User’s bank account. 7.10. By entering into the Agreement, the User accepts the risks and all the consequences that may arise from the limitations and prohibitions established by the law of the foreign states and sanctions in accordance with the jurisdiction of any country or international organization which affect the User and the User’s transactions (including, but not limited to, the ones related to the type of transaction, to the country or registration and (or) location of the User). The Bank shall not be liable for such risks and consequences.

8. Suspension of operations in RBSS

8.1. The User may suspend the operations in RBSS by contacting the Call Center of the Bank in order to undergo the User identification procedure by using his/her personal data stored in BCS. In order to resume operations in RBSS, the User will need to contact the Call Center of the Bank. Re-registration shall not be required for resuming the operations in RBSS. 8.2. In case of absence of the User activity for 360 days, the User shall be automatically reset for the re-activation with notice in the form of SMS-notification sent to the login number. In order to resume operations in RBSS, the User will be required to repeat the registration process. 8.3. The Bank shall suspend or cease rendering of the Electronic Banking Services to the User, notifying the User accordingly, in the following cases: 1) the User breaching the procedure and the term of receiving the Electronic Banking Services established by the Agreement; 2) malfunction of hardware ensuring rendering of the Electronic Banking Services; 3) as established by the security procedures of the Bank; 4) as otherwise established by the Agreement and the law of the Republic of Kazakhstan.

9. Disputes Resolution

9.1. In the event of a dispute, including the ones related to the unsanctioned payment services, the User shall be entitled to contact the Call Center of the Bank by calling the number 8 8000 800 819 (free of charge calls from the landline phones in Kazakhstan) or 7575 (free of charge calls from the mobile phones in Kazakhstan) (verbal request), specifying the address, phone number, the nature of complaint and other information, or to forward the complaint/notice/request in writing to the address specified in the Agreement. The Bank shall consider the User’s request according to the procedure established by the internal documents of the Bank and the law of the Republic of Kazakhstan. 9.2. The Parties shall make all the efforts necessary to resolve any disputes and differences that may arise between the Bank and the User during performance of the Agreement according to the principles of goodwill and mutual understanding. 9.3. If the disputes and differences between the Bank and the User cannot be resolved by negotiation, they may be submitted to the judicial authorities of the Republic of Kazakhstan. 9.4. In all other matters not covered by the Agreement, the Parties hall be governed by the law of the Republic of Kazakhstan.

10. Other Conditions 10.1. During rendering of the Electronic Banking Services via RBSS in a foreign currency, an exchange rate established by the Bank as at the moment of the transaction shall be used; the exchange rates of the international payment systems (hereinafter – IPS) and the issuing banks shall apply to the transactions using the payment cards of other second-tier banks, unless otherwise stipulated by the law of the Republic of Kazakhstan. 10.2. The actions and transactions implying interaction with IPS shall comply with the requirements and rules of such IPS. 10.3. By entering into the Agreement, the User acknowledges and agrees that receipt by the Bank of the documents/instructions sent by the User via RBSS, in compliance with the established requirements, is legally equivalent to receipt of the hard copy documents and that such documents are in compliance with the written form of transaction according to the requirements of the law of the Republic of Kazakhstan. 10.4. The User grants the Bank the right to use the documents/instructions formed and transmitted to the Bank according to the procedure and the terms specified in the Agreement, on par with the hard copy documents/instructions. Moreover, the User shall bear full responsibility for the content of such documents/instructions sent by the User to the Bank for performance, as well as for the legal consequences arising from such documents. 10.5. By signing the Agreement, the User recognizes the Bank’s right and consents to: 1) gathering and processing of data/personal data of the User according to the form of the Statement of consent to gathering and processing of the personal and other data published on the official website of the Bank at forte.kz, and conforms that he/she has read, understood and accepts its contents and agrees with the amendment procedure specified therein; 2) the Bank performing/implementing any actions/measures not prohibited by the law of the Republic of Kazakhstan in regards to gathering, processing, confirmation and verification of any type of personal data and other data of the User (hereinafter – Data), provided by the User/gathered by the Bank within the framework of rendering of the banking services, as well as receiving (gathering), processing, confirmation and verification of the clarified and/or authentic/updated Data in the event of any discrepancies in/changes to the available Data; 10.6. By entering into the Agreement, the User unconditionally consents to the record of the User’s telephone conversations with the Bank employees conducted by the Bank by means of a recording device, which shall constitute sufficient proof of the content of a verbal notice received from the User.