| 1. |
From time to time, it is necessary for customers to supply CCB (Asia) Finance with data in
connection with the opening or continuation of accounts and the establishment
or continuation of banking/credit facilities or provision of credit card and
other banking/financial services. |
| 2. |
Failure to supply such data may result in CCB (Asia) Finance being unable to open or continue
accounts or establish or continue banking/credit facilities or provision of
credit card and other banking/financial services. |
| 3. |
It is also the case that data are collected from customers in the ordinary
course of the continuation of the banking/financial relationship, for example,
when customers write cheques, deposit money, apply for credit, repay loans or
effect credit card transactions. |
| 4. |
| The purposes for which data relating to customers may be used are
as follows :- |
| (i) |
the daily operation of the services and banking/credit facilities provided to
customers; |
| (ii) |
servicing the credit card accounts of customers; |
| (iii) |
conducting credit checks at the time of application for credit and at the time
of regular or special reviews of such credit which normally will take place
one or more times each year; |
| (iv) |
updating and/or verifying any and all of customers' personal information that
may be held by any affiliates, group companies or agents of CCB (Asia) Finance; |
| (v) |
assisting other financial institutions, banks, credit or charge card issuing
companies and debt collection agents to conduct credit checks and collect
debts; |
| (vi) |
ensuring ongoing credit worthiness of customers; |
| (vii) |
creating and maintaining our credit scoring models; |
| (viii) |
marketing products and/or services of CCB (Asia) Finance and/or any affiliates, group companies or
agents of CCB (Asia) Finance and/or selected companies or business partners; |
| (ix) |
designing banking/financial services or related products for customers' use; |
| (x) |
determining the amount of indebtedness owed to or by customers; |
| (xi) |
enforcing customers' obligations, including but without limitation the
collection of outstanding amounts from customers and those providing security
or guarantee for customers' obligations; |
| (xii) |
conducting matching procedures; |
| (xiii) |
meeting the requirements to make disclosure under the requirements of any law
binding on CCB (Asia) Finance and/or any affiliates, group companies or agents of CCB (Asia) Finance; |
| (xiv) |
enabling an actual or proposed assignee of CCB (Asia) Finance, or participant or
sub-participant of CCB (Asia) Finance's rights in respect of customers to evaluate the
transaction intended to be the subject of the assignment, participation or
sub-participation; |
| (xv) |
exchanging information with merchants accepting credit cards and entities with
whom CCB (Asia) Finance provide affinity/co-branded/private label credit card services (each
a "merchant" or an "affinity entity"); |
| (xvi) |
verifying customers' identities with any credit card acquirer of a merchant in
connection with any credit card transactions; |
| (xvii) |
comparing data of customers or other persons for credit checking, data
verification or otherwise producing or verifying data, whether or not for the
purpose of taking adverse action against the customers; |
| (xviii) |
maintaining a credit history of customers (whether or not there exists any
relationship between individuals and CCB (Asia) Finance) for present and future reference;
and |
| (xix) |
all other incidental and associated purposes relating thereto. |
|
| 5. |
| Data held by CCB (Asia) Finance relating to customers
will be kept confidential but CCB (Asia) Finance may provide such information to the
following parties (whether within or outside Hong Kong Special Administrative
Region) for the purposes set out in paragraph (4) hereinabove :- |
| (i) |
any agent, contractor or third party service provider who provides
administrative, telecommunications, computer, payment, debt collection or
securities clearing, technology outsourcing or other services to CCB (Asia) Finance in
connection with the operation of its business (including, without limitation,
computer related service providers that CCB (Asia) Finance may engage for the processing of
customers' personal information); |
| (ii) |
any affiliates, group companies or agents of CCB (Asia) Finance; |
| (iii) |
any other person under a duty of confidentiality to CCB (Asia) Finance including, without
limitation, a merchant or an affinity entity which has undertaken to keep such
information confidential; |
| (iv) |
any financial institution or bank (whether in Hong Kong Special Administrative
Region or elsewhere) with which customers have or propose to have dealings; |
| (v) |
any credit reference agency, and, in the event of default, any debt collection
agency; |
| (vi) |
government or regulatory bodies or any person to whom CCB (Asia) Finance is under an
obligation to make disclosure under the requirements of any law binding on
CCB (Asia) Finance; |
| (vii) |
any actual or proposed assignee of CCB (Asia) Finance or participant or sub-participant or
transferee of CCB (Asia) Finance's rights in respect of customers; |
| (viii) |
any credit card acquirer of a merchant; |
| (ix) |
any party giving or proposing to give a guarantee or third party security to
guarantee or secure the customer's obligations; |
| (x) |
any third party whose name or logo appears on the credit card; |
| (xi) |
selected companies for the purpose of informing customers of products and/or
services which CCB (Asia) Finance believes will be of interest to customers; and |
| (xii) |
the drawee bank providing a copy of paid check (which may contain information about the payee)
to the drawer. |
|
| 6. |
| Under and in accordance with the terms of the Ordinance and the
Code approved and issued under the Ordinance, any individual customer has the
right to :- |
| (i) |
check whether CCB (Asia) Finance holds data about him and has access to such data; |
| (ii) |
require CCB (Asia) Finance to correct any data relating to him which is inaccurate; |
| (iii) |
ascertain CCB (Asia) Finance's policies and practices in relation to data and be informed of
the kind of personal data held by CCB (Asia) Finance; |
| (iv) |
request to be informed 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 CCB (Asia) Finance to a credit reference
agency, instruct CCB (Asia) Finance 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 5 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 5 years from the
date of final settlement of the amount in default or 5 years from the date of
discharge from a bankruptcy as notified to CCB (Asia) Finance, whichever is earlier. |
|
| 7. |
CCB (Asia) Finance may have obtained credit reports on customers from a credit reference
agency in considering any application for credit. In the event customers wish
to access credit reports, CCB (Asia) Finance will advise the contact details of the relevant
credit reference agency. |
| 8. |
| CCB (Asia) Finance may access the database of any credit reference agency for the
purpose of conducting credit reviews from time to time. In particular, CCB (Asia) Finance may
access the consumer credit data of customers held by any credit reference
agency and/or obtain credit reports on customers from such credit reference
agency for the purpose of the review of their existing consumer credit
facilities (including, without limitation, credit card accounts and/or credit
limits) which review may involve the consideration by CCB (Asia) Finance of any of the
following matters :- |
| (i) |
an increase in the credit amount or limit; |
| (ii) |
the curtailing of credit (including the cancellation of credit or termination
of account or a decrease in the credit amount or limit); or |
| (iii) |
the putting in place or the implementation of a scheme of arrangement with
customers. |
|
| 9. |
In accordance with the terms of the Ordinance, CCB (Asia) Finance has the right to charge a
reasonable fee for the processing of any data access request by customers
pursuant to the Ordinance. |
| 10. |
| 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, |
|
China Construction Bank (Asia) Finance Limited, |
|
23/F., Dorset House, Taikoo Place, |
|
979 King's Road, |
|
Quarry Bay, |
|
Hong Kong. |
|
|
| 11. |
Nothing in this Notice shall limit the rights of individual customers under the
Ordinance. |
| 12. |
In the event customers receive direct marketing and/or promotional materials
from CCB (Asia) Finance and/or any affiliates, group companies or agents of CCB (Asia) Finance and/or selected
companies or business partners but do not wish to receive any further
materials, customers have the right to request CCB (Asia) Finance to cease doing so and
delete their names from the mailing list without charge. |
| 13. |
In case of discrepancies between the English and Chinese versions of this
Notice, the English version shall apply and prevail. |
| |
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