Collection of Data
We may collect the data of customers and other individuals in connection with the purposes set out in this Statement. These customers and other individuals or data subjects may include the following or any of them (collectively “you”, “your”):
Data may be:
If the data requested by us is not provided, products or services may not be able to be provided (or continue to be provided) to you or to the relevant customer, applicant or person linked to you.
Use of Data
Personal data held are kept for the following purposes or any of them (which may vary depending on the nature of your relationship with us):
(a) considering and processing applications for products and services and the daily operation of products and services (including loans or credit facilities provided to you or the relevant customer linked to you);
(b) conducting credit checks or assessments whenever appropriate (including, without limitation, 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) or conducting matching procedures (as defined in the Ordinance);
(c) creating and maintaining our credit, risk or related models;
(d) providing reference;
(e) assisting other financial institutions to conduct credit checks and collect debts;
(f) ensuring your ongoing credit worthiness;
(g) researching, customer profiling and segmentation and/or designing products and services (including financial, insurance, securities, investment and related products and services) for our use;
(h) marketing services, products and other subjects (see Section: Use and Provision of Data in Direct Marketing);
(i) determining amounts owed to or by you;
(j) exercising our rights under the contract(s) with you, including collecting amounts outstanding from you;
(k) meeting our obligations, requirements or arrangements or those of any member company of the Group, whether compulsory or voluntary, to comply with or in connection with:
(l) complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the Group and/or any other use of data and information in accordance with any programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
(m) conducting any action to meet our obligations or those of any member company of the Group to comply with Laws or international guidance or regulatory requests relating to or in connection with the detection, investigation and prevention of money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions and/or any acts or attempts to circumvent or violate any Laws relating to these matters;
(n) enabling an actual or proposed assignee of the Group, or participant or sub-participant of our rights in respect of you to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
(o) any other purposes relating to the purposes listed above.
Information Collected from Minors
Information may be provided to us from minors. We will obtain prior consent from a person with parental responsibility for that minor.
Information Collected when you Visit our Websites
Disclosure of Data
(a) any agents, contractors, subcontractors, or associates of the Group (including their employees, officers, agents, contractors, service providers and professional advisors);
(b) any third party service providers who provide services to us or any member company of the Group in connection with the operation or maintenance of our business (including their employees and officers);
(c) any authorities, any law enforcement agencies or regulatory bodies for compliance with applicable laws, rules, regulations, codes and guidelines or any person or entity to whom we or any member company of the Group are under a binding obligation to satisfy a legally enforceable demand for disclosure under the requirements of any law, rule, regulation, code, guideline;
(d) any person under a duty of confidentiality to us or any member company of the Group which has undertaken to keep such information confidential;
(e) any person receiving payment from you, the banker of such person and any intermediaries which may handle or process such payment;
(f) any persons acting on your behalf whose data are provided, payment recipients, beneficiaries, account nominees, intermediary, correspondent and agent banks, clearing houses, clearing or settlement systems, market counterparties, upstream withholding agents, swap or trade repositories, stock exchanges, companies in which you have an interest in securities (where such securities are held by us or any member company of the Group) or any persons making any payment into a customer’s account;
(g) credit reference agencies, and, in the event of default, to debt collection agencies;
(h) any persons to whom we or any member company of the Group are under an obligation or required or expected to make disclosure for the purposes set out in previous paragraph;
(i) reinsurers or medical service providers;
(j) trustee(s) of any unit trust or any collective investment plan, registrar or custodian, or any insurance companies that work with us to provide you with any service, or any central securities depository or registrar that holds securities on your behalf;
(k) any party enters into or proposes to enter into the transaction for and on your behalf;
(l) any actual or proposed assignee of ours or participant or sub-participant, transferee, delegate, successor or party of our rights in respect of you; or
(m) for marketing services, products and other subjects:
2. With respect to data in connection with mortgages applied by you (if applicable, and whether as a borrower, mortgagor or guarantor and whether in your sole name or in joint names with others) on or after 1 April 2011, the following data relating to you (including any updated data of any of the following data from time to time) may be provided by us, on its own behalf and/or as agent, to a credit reference agency:
(a) full name;
(b) capacity in respect of each mortgage (as borrower, mortgagor or guarantor, and whether in your sole name or in joint names with others);
(c) identity card number or travel document number;
(d) date of birth;
(e) correspondence address;
(f) mortgage account number in respect of each mortgage;
(g) type of the facility in respect of each mortgage;
(h) mortgage account status in respect of each mortgage (e.g., active, closed, write-off (other than due to a bankruptcy order), write-off due to a bankruptcy order); or
(i) if any, mortgage account closed date in respect of each mortgage.
The credit reference agency will use the above data supplied by us for the purposes of compiling a count of the number of mortgages from time to time held by you with credit providers in Hong Kong, as borrower, mortgagor or guarantor respectively and whether in the your sole name or in joint names with others, for sharing in the consumer credit database of the credit reference agency by credit providers (subject to the requirements of the Code of Practice on Consumer Credit Data approved and issued under the Ordinance).
Use and Provision of Data in Direct Marketing
We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
If you do not wish us to use or provide to other persons your data for use in direct marketing as described above, you may exercise your opt-out right by notifying us in writing to our Data Protection Officer.
Retention of Data
We ensure that your data is not kept longer than necessary for the fulfillment of the purpose of the data being collected and used.
We treat the security of handling and protecting your data, including sensitive data, with top priority. Your data is being safeguarded with strict security measures against unauthorised or accidental access, transfer, processing, use, erasure or loss. Encryption technology is adopted for data transmission.
Should we engage service provider(s) to handle or process data (whether local or overseas) on our behalf, we will adopt contractual or other means to prevent unauthorised or accidental access, transfer, processing, use, erasure or loss.
If you do not want your data held by us to be shared, transferred or kept anymore, you may make such request via writing to our Data Protection Officer.
Access and Correction of Data
Please address your request(s) for data access or correction, or for information about our data privacy policies and practices via writing to our Data Protection Officer at the following address:
AGBA Tower, 68 Johnston Road, Wan Chai, Hong Kong
In the event of any discrepancy between the English and Chinese versions of the Statement, the English version shall apply and prevail.
Version: August 2022
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