Allied Banking Corporation (Hong Kong) Limited (the “Bank”)

Personal Information Collection Statement to Customers relating to the Personal Data (Privacy) Ordinance (the “Ordinance”)

 

(a)         From time to time, it is necessary for customers and various other individuals (including without limitation applicants for banking/financial services and banking/credit facilities, sureties and persons providing security or guarantee for banking/credit facilities, shareholders, directors, officers and managers of corporate customers or applicants) (collectively  “data subjects”) to supply the Bank with data in connection with various matters such as the opening or continuation of accounts and the establishment or continuation of banking./credit facilities or provision of related banking/financial services. 

 

(b)         Failure to supply such data may result in the Bank being unable to open or continue accounts or establish or continue banking facilities or provide banking services.

 

(c)         It is also the case that data are collected from data subjects in the ordinary course of the continuation of the banking relationship.

 

(d)         The purposes of which data relating to data subjects may be used are as follows:-

(i)           the daily operation of the services and credit facilities provided to data subjects;

(ii)         conducting credit checks at the time of application for credit and at the time of regular or special reviews which normally will take place one or more times each year;

(iii)        creating and maintaining the Bank’s credit scoring models;

(iv)       provision of reference (status enquires);

(v)         assisting other financial institutions, to conduct credit checks and collect debts;

(vi)       ensuring ongoing credit worthiness of data subjects;

(vii)      designing financial services or related products for data subjects’ use;

(viii)    marketing services or products of the Bank and/or selected companies;

(ix)        determining amounts owed to or by data subjects;

(x)          collection of amounts outstanding from data subjects and those providing security for data subjects’ obligations;

(xi)        meeting the requirements to make disclosure under the requirements of any law binding on the Bank or any of its branches;

(xii)       enabling an actual or proposed assignee of the Bank, or participant or sub-participant of the Bank’s rights in respect of date subjects to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;

(xiii)     conducting matching procedures; and

(xiv)     all other incidental and associated purposes relating thereto.

 

(e)         Data held by the Bank relating to data subjects will be kept confidential but the Bank may provide such information to the following parties for the purposes set out in paragraph (d):-

(i)           any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing, debt collection or other services to the Bank in connection with the operation of its business;

(ii)         any other person under a duty of confidentiality to the Bank including a group company of the Bank which has undertaken to keep such information confidential;

(iii)        any financial institution with which data subjects have or propose to have dealings;

(iv)       the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;

(v)         credit reference agencies, and, in the event of default, to debt collection agencies;

(vi)       any person to whom the Bank is under an obligation to make disclosure under the requirements of any law binding on the Bank or any of its branches;

(vii)      any party giving or proposing to give a guarantee or third party security to guarantee or secure data subjects’ obligations;

(viii)    any actual or proposed assignee of the Bank or participant or sub-participant or transferee of the Bank’s rights and   obligations in respect of data subjects; and

(ix)        to selected companies for the purpose of informing data subjects of services which the Bank believes will be of interest to data subjects.

 

 

 

 

 

 

 

 

(f)          Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data approved and issued under the Ordinance, any customer has the right:-

(i)           to check whether the Bank holds data about him and of access to such data;

(ii)         to require the Bank to correct any data relating to him which is inaccurate;

(iii)        to ascertain the Bank’s policies and practices in relation to data and to be informed of the kind of personal data held by the Bank;

(iv)       to be informed on request which items of data are routinely disclosed to credit reference agencies or debt collection agencies, and be provided with further information to enable the making of an access and correction request to the relevant credit reference agency or debt collection agency; and

(v)         in relation to data which has been provided by the Bank to a credit reference agency, to instruct the Bank upon termination of an account by full repayment to make a request to the credit reference agency to delete such data from its database, as long as the instruction is given within five years of termination and at no time did the account have a default of payment lasting in excess of 60 days within 5 years immediately before account termination. In the event the account has had a default of payment lasting in excess of 60 days the data may be retained by the credit reference agency until the expiry of five years from the ate of final settlement of the amount in default or five years from the date of discharge from a bankruptcy as notified to the Bank, whichever is earlier.

 

(g)         For mortgage applications received by the Bank on or after 1st April 2011, of all the data which may be collected or held by the Bank from time to time, in connection with mortgages, the following data relating to the customer (including any updated data of any of the following data) will be provided by the Bank to the credit reference agency:

(i)           full name;

(ii)         capacity in respect of each mortgage (as borrower, mortgagor or guarantor);

(iii)        Hong Kong Identity Card Number or travel document number;

(iv)       date of birth;

(v)         address;

(vi)       mortgage account number in respect of each mortgage;

(vii)      type of the facility in respect of each mortgage;

(viii)    mortgage account status in respect of each mortgage (e.g., active, closed, write-off); and

(ix)        if any, mortgage account closed date in respect of each mortgage.

 

The credit reference agency will use the above data supplied by the Bank for the purposes of compiling a count of the number of mortgages from time to time held by the customer, as borrower, mortgagor or guarantor respectively, for sharing in the consumer credit database of the credit reference agency by credit providers.

 

The customer's right under and in accordance with the Code of Practice on Consumer Credit Data to instruct the Bank to request the credit reference agency to delete from its database any account data relating to any terminated credit will, from 1st April 2011, be extended to a consumer credit involving mortgage(s).

 

(h)         In accordance with the terms of the Ordinance, the Bank has the right to charge a reasonable fee for the processing of any data access request.

 

(i)           The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is as follows:-

The Data Protection Officer

Allied Banking Corporation (Hong Kong) Limited

Room 1402, World-Wide House,

19 Des Voeux Road Central,

Hong Kong.

Tel.: (852) 2846 2288

Fax: (852) 2840 0533

 

(j)           The Bank may have obtained a credit report on the customer from a credit reference agency in considering any application for credit. In the event the customer wishes to access the credit report, the Bank will advise the contact details of the relevant credit reference agency.

 

(k)        Customers may, at any time, request the Bank cease using their personal data for direct marketing purposes by writing to the Data Protection Officer at the address or fax number provided in paragraph (i)

 

(l)           Nothing in this Notice shall limit the rights of data subjects under the Personal Data (Privacy) Ordinance.

 

Date: August 2011