This Notice is made by us in accordance with the Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region ('the Ordinance') and is intended to notify you why personal data is collected, how it will be used and to whom data access requests are to be addressed.
a. From time to time, it is necessary for individuals to supply the Bank with data in connection with the opening or continuation of accounts and the establishment or continuation of banking facilities or provision of banking services or compliance with any laws, guidelines or requests issued by regulatory or other authorities.
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 (i) customers in the ordinary course of the continuation of the banking relationship (for example, when customers write cheques, deposit money or apply for credit), (ii) a person acting on behalf of the individual whose data are provided, and (iii) other sources (for example, information obtained from credit reference agencies). Data may also be generated or combined with other information available to the Bank or any member of the HSBC Group ("HSBC Group" means HSBC Holdings plc, its affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually) and "member of the HSBC Group" has the same meaning).
d. The purposes for which data may be used are as follows:
i. considering applications for products and services and the daily operation of products, services and credit facilities provided to customers
ii. conducting credit checks (including without limitation upon an application for consumer credit (including mortgage loans) and upon periodic or special reviews of the credit which normally will take place one or more times each year)
iii. creating and maintaining the Bank’s credit and risk related models;
iv. assisting other financial institutions to conduct credit checks and collect debts;
v. ensuring ongoing credit worthiness of customers;
vi. designing financial services or related products for customers' use;
vii. marketing services, products and other subjects as described in (f) below;
viii. determining the amount of indebtedness owed to or by customers;
ix. collecting of amounts outstanding from customers and those providing security for customers' obligations;
x. meeting obligations, requirements or arrangements, whether compulsory or voluntary, of the Bank or any of its branches or any member of the HSBC Group to comply with, or in connection with:
1. any law, regulation, judgment, court order, voluntary code, sanctions regime, within or outside the Hong Kong Special Administrative Region ("Hong Kong") existing currently and in the future ("Laws");
2. any guidelines, guidance or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers within or outside Hong Kong existing currently and in the future and any international guidance, internal policies or procedures;
3. any present or future contractual or other commitment with local or foreign legal, regulatory, judicial, administrative, public or law enforcement body, or governmental, tax, revenue, monetary, securities or futures exchange, court, central bank or other authorities, or self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over all or any part of the HSBC Group (together the "Authorities" and each an "Authority") that is assumed by, imposed on or applicable to the Bank or any of its branches or any member of the HSBC Group; or
4. any agreement or treaty between Authorities;
xi. complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the HSBC 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;
xii. conducting any action to meet obligations of the Bank or any member of the HSBC 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;
xiii. meeting any obligations of the Bank or any member of the HSBC Group to comply with any demand or request from the Authorities;
xiv. enabling an actual or proposed assignee of the Bank, or participant or sub-participant of the Bank’s rights in respect of the customer to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; and
xv. purposes relating thereto.
e. Data held by the Bank or a member of the HSBC Group relating to an individual will be kept confidential but the Bank or a member of the HSBC Group may provide such information to the following parties (whether within or outside Hong Kong) for the purposes set out in paragraph (d):
i. any agents, contractors, sub-contractors, service providers or associates of the HSBC Group (including their employees, directors, officers, agents, contractors, service providers, and professional advisers);
ii. any third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Bank in connection with the operation of its business (including their employees, directors and officers);
iii. any Authorities;
iv. any person under a duty of confidentiality to the Bank including a member of the HSBC Group which has undertaken to keep such information confidential;
v. the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
vi. any persons acting on behalf of an individual 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 the customer has an interest in securities (where such securities are held by the Bank or any member of the HSBC Group) or a person making any payment into the customer’s account;
vii. credit reference agencies, and, in the event of default, to debt collection agencies;
viii. any person to whom the Bank or any of its branches or any member of the HSBC Group is under an obligation or required or expected to make disclosure for the purposes set out in, or in connection with, paragraph (d)(x), (d)(xi) or (d)(xii);
ix. any actual or proposed assignee of the Bank or participant or sub-participant or transferee of the Bank’s rights in respect of the customer; and
x.
1. any member of the HSBC Group;
2. third party financial institutions, insurers, credit card companies, securities and investment services providers;
3. third party reward, loyalty, co-branding and privileges programme providers;
4. co-branding partners of the Bank or any member of the HSBC Group (the names of such co-branding partners will be provided during the application process for the relevant services and products, as the case may be);
5. charitable or non-profit making organisations; and
6. external service providers (including but not limited to mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies and information technology companies) that the Bank engages for the purposes set out in paragraph (d)(vii).
Such information may be transferred to a place outside Hong Kong.
In connection with paragraph (vii) above,
A. 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) may be provided by the Bank, or on its behalf and/or as agent, 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 or certificate of incorporation number;
iv. date of birth or date of incorporation;
v. correspondence 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, whether in sole name or joint names with others) for sharing in the consumer credit database of the credit reference agency by credit providers; and
B. before the right referred to in (g) (v) below may be exercised, (I) in the event of any default in payment, unless the amount in default is fully repaid or written off (otherwise than due to a bankruptcy order) before the expiry of 60 days as measured by the Bank from the date such default occurred, the customer is liable to have his account repayment data retained by the credit reference agency at least until the expiry of five years from the date of final settlement of the amount in default and (II) in the event of any amount being written off due to a bankruptcy order being made against the customer, the customer is liable to have his account repayment data retained by the credit reference agency, regardless of whether the account repayment data reveal any material default, until the expiry of five years from the date of final settlement of the amount in default or the expiry of five years from the date of discharge from a bankruptcy as notified by the customer with evidence to the credit reference agency, whichever is earlier. Account repayment data include amount last due, amount of payment made during the last reporting period, remaining available credit or outstanding balance and default data (being amount past due and number of days past due, date of settlement of amount past due, and date of final settlement of amount in material default (if any)). Material default is a default in payment for a period in excess of 60 days.
f. Use of Data in Direct Marketing - The Bank intends to use a customer’s data in direct marketing and the Bank requires the customer’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
i. the name, contact details, products and other service portfolio information, transaction pattern and behavior, financial background and demographic data of a customer held by the Bank from time to time may be used by the Bank in direct marketing;
ii. the following classes of services, products and subjects may be marketed:
1. financial, insurance, credit card, banking and related services and products;
2. reward, loyalty, co-branding or privileges programmes and related services and products;
3. services and products offered by the Bank’s co-branding partners (the names of such co-branding partners will be provided during the application for the relevant services and products, as the case may be); and
4. donations and contributions for charitable and/or non-profit making purposes;
iii. the above services, products and subjects may be provided by or (in the case of donations and contributions) solicited by the Bank and/or:
1. any member of the HSBC Group;
2. third party financial institutions, insurers, credit card companies, securities and investment services providers;
3. third party reward, loyalty, co-branding or privileges programme providers;
4. co-branding partners of the Bank and the HSBC Group (the names of such co-branding partners will be provided during the application of the relevant services and products, as the case may be); and
5. charitable or non-profit making organisations;
iv. in addition to marketing the above services, products and subjects itself, the Bank also intends to provide the data described in paragraph (f)(i) above to all or any of the persons described in paragraph (f) (iii) above for use by them in marketing those services, products and subjects, and the Bank requires the customer’s written consent (which includes an indication of no objection) for that purpose;
v. the Bank may receive money or other property in return for providing the data to the other persons in paragraph (f)(iv) above and, when requesting the customer’s consent or no objection as described in paragraph (f)(iv) above, the Bank will inform the customer if it will receive any money or other property in return for providing the data to the other persons.
If a customer does not wish the Bank to use or provide to other persons his data for use in direct marketing as described above, the customer may exercise his opt-out right by notifying the Bank.
g. 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 individual 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. in relation to consumer credit, 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. upon satisfactory termination of the credit by full repayment and on condition that there has been, within five years immediately before such termination, no material default under the credit as determined by the Bank, to instruct the Bank to make a request to the relevant credit reference agency to delete from its database any account data relating to the terminated credit.
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 as follows:
The Data Protection Officer
The Hongkong and Shanghai Banking Corporation Limited
P O Box 72677, Kowloon Central Post Office
Hong Kong
Email: dfv.enquiry@hsbc.com.hk
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. Nothing in this Notice shall limit the rights of customers under the Ordinance.
