- (a) 向邦民提供行政、電訊、電腦、付款或其他與邦民業務運作有關的服務的任何代理人、承包人、或第三方服務供應者；
- (b) 任何對邦民負有保密責任的其他人，包括已承諾對該資料保密的邦民集團公司成員公司；
- (f)用於直接促銷的選定人士(作為自願性用途) (請參閱下文第6段以了解進一步詳情)；
Promise (Hong Kong) Co., Limited ("Promise") gives this notice to its customers for the purposes of the Personal Data (Privacy) Ordinance (the "Ordinance").
From time to time, it is necessary for customers to supply Promise with personal data in connection with the opening and/or continuation of loan accounts, the establishment and/or continuation of credit facilities, and/or provision of other financial services.
Failure to supply such personal data may result in Promise being unable to open or continue loan accounts, or establish or continue credit facilities, or provide other financial services to customers.
It is also the case that personal data are collected from customers in the ordinary course of business of Promise, for example, when customers communicate verbally or in writing with Promise, by means of documentation or Promise's telephone recording system (as the case may be).
The purposes for which customers' personal data may be used are as follows:
- (a)the daily operation of loan accounts, credit facilities and other financial services provided to customers;
- (b)conducting credit checks upon an application for credit and when regular or special reviews are conducted from time to time;
- (c)creating and maintaining Promise's credit scoring models;
- (d)assisting other money lenders and/or financial institutions to conduct credit checks and collect debts;
- (e)ensuring ongoing credit worthiness of customers;
- (f)designing financial services or related products for customers' use;
- (g)determining amounts owed to or by customers;
- (h)collection of amounts outstanding from customers;
- (i)complying with the obligations, requirements or arrangements for disclosing and using data that apply to Promise or that it is expected to comply according to:
- (i)any law binding or applicable to it within or outside Hong Kong Special Administrative Region (“Hong Kong”) existing currently or in the future;
- (ii)any guidelines or guidance 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 or in the future; and
- (iii)any present or future contractual or other commitment with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers that is assumed by or imposed on Promise by reason of its financial, commercial, business or other interests or activities in or related to the jurisdiction of the relevant local or foreign legal, regulatory, governmental, tax, law enforcement or other authority, or self-regulatory or industry bodies or associations.
- (j)complying with any obligations, requirements, policies, procedure, measures or arrangements for sharing data and information within any of the subsidiaries, holding companies, associated companies or affiliates of Promise (the “Promise Group Companies”) and/or any other use of data and information in accordance with any Group-wide programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
- (k)enabling an actual or proposed assignee of Promise, or participant or sub-participant of Promise's rights in respect of customers to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
- (l)marketing financial services or products of Promise; and
- (m)other purposes relating to each of the above.
The purposes listed in paragraphs (a) to (k) (inclusive) and any purposes related thereto are "obligatory" purposes, meaning that customers must permit Promise to use their personal data for these purposes if they wish to use Promise's services. The purposes listed in paragraph (l) and any purposes related thereto are "voluntary" purposes, meaning that customers have a choice whether Promise can use their data for these purposes and if a customer does not want Promise to use his/her personal data for those purposes, he/she can tell Promise and Promise will not use his/her personal data for those purposes.
Personal data held by Promise relating to a customer will be kept confidential but Promise may provide such data to the following parties (whether within or outside Hong Kong) for the purposes set out in paragraph 4 (all obligatory purposes except paragraph 4(l)):
- (a)any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or other services to Promise in connection with the operation of its business;
- (b)any other person under a duty of confidentiality to Promise including a member of the Promise Group Companies which has undertaken to keep such information confidential;
- (c)any person with the express prescribed consent of customers;
- (d)credit reference agencies, and, in the event of default, debt collection agencies;
- (e)any person to whom Promise is under an obligation or otherwise required to make disclosure under the requirements of any law binding on or applying to Promise, or any disclosure under and for the purposes of any guidelines or guidance 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 with which Promise is expected to comply, or any disclosure pursuant to any contractual or other commitment of Promise with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers, all of which may be within or outside of Hong Kong and may be existing currently or in the future;
- (f)as a voluntary purpose, selected persons for use in direct marketing (please see further details in paragraph 6 below);
- (g)external service providers (including but not limited to mailing houses, telecommunication companies and information technology companies) that Promise engages for the purpose set out in paragraph 4(l) above; and
- (h)any actual or proposed assignee of Promise or participant or sub-participant or transferee of Promise's rights in respect of the customers.
Promise would like to use personal data of customers for direct marketing purposes as a voluntary purpose. Promise cannot use a customer's personal data for that purpose without first obtaining his or her written consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
- (a)The name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of a customer held by Promise from time to time may be used by Promise in direct marketing; and
- (b)the following classes of services, products and subjects may be marketed:
- (i)financial related services and products; and
- (ii)reward, customer loyalty or privileges programmes and related services and products
Customers have a choice on whether or not their personal data can be are used for direct marketing purposes. If a customer does not wish Promise to use or provide to other persons his/her personal data for use in direct marketing as described above, and also wants Promise to advise other persons to stop using his/her personal data for such direct marketing purpose, such customer may notify Promise of the same (by contacting the Data Protection Officer of Promise as described in paragraph 10 below or such other method acceptable to Promise) at any other time, without charge.
Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data issued under the Ordinance, every customer has the right:
- (a)to check whether Promise holds personal data about him/her and to have access to such personal data;
- (b)to require Promise to correct any personal data relating to him/her which are inaccurate;
- (c)to ascertain Promise's policies and practices in relation to personal data and to be informed of the kind of personal data held by Promise;
- (d)in relation to consumer credit to be informed on request which items of personal data are routinely disclosed to credit reference agencies or debt collection agencies, and be provided with further information to enable the making of a data access and correction request to the relevant credit reference agency or debt collection agency; and
- (e)in relation to any account data (including account repayment data) which have been provided by Promise to a credit reference agency, to instruct Promise upon termination of an account by full repayment to make a request to the credit reference agency to delete such account 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 the 5 years immediately before account termination. Such “Account repayment data” include amount last due, amount of payment made during the last reporting period (being a period not exceeding 31 days immediately preceding the last contribution of account data by Promise to a credit reference agency), remaining available credit or outstanding balance and default data (being (i) amount past due and number of days past due; (ii) date of settlement of amount past due; and (iii) date of final settlement of amount in default lasting in excess of 60 days (if any)).
Customers should note that :
- (a)in the event of any default in repayment relating to an account, unless the amount in default is fully repaid or written off (other than due to a bankruptcy order) before the expiry of 60 days from the date such default occurred, the account repayment data of the relevant customer 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; and
- (b)if any amount in an account is written-off due to a bankruptcy order being made against a customer, the account repayment data may be retained by the credit reference agency, regardless of whether the account repayment data reveal any default of payment lasting in excess of 60 days, until the expiry of (i) 5 years from the date of final settlement of the amount in default; or (ii) 5 years from the date of discharge from bankruptcy as notified by the customer with evidence to the credit reference agency, whichever is earlier.
In accordance with the terms of the Ordinance, Promise has the right to charge a reasonable fee for processing any personal data access request.
The person to whom (i) requests for access to personal data or correction of personal data or for information regarding Promise's Personal Information Collection Statement and kinds of data held; and (ii) consents, objections and/or opt-outs in relation to the use/provision of personal data for direct marketing are to be addressed is as follows:
The Data Protection Officer
Promise (Hong Kong) Co., Limited
14/F.,Luk Kwok Centre,72 Gloucester Road, Wanchai, Hong Kong.
Facsimile: 2529 6744
Promise may have obtained a credit report on the customer from a credit reference agency in considering any application for credit and/or reviews or renewals of existing credit facilities to customers. The matters Promise will consider when accessing these consumer credit data for the purpose of reviews will be (i) an increase in the credit amount; (ii) cancellation of credit; (iii) a decrease in the amount of credit; or (iv) putting in place a scheme of arrangement with relevant customers. Promise may also access such consumer credit data about customers for the purpose of reasonable monitoring of indebtedness whilst relevant customers are in default. If a customer wishes to access the credit report, please contact TransUnion Limited directly at 2577 1816.
Nothing in this Personal Information Collection Statement shall limit the rights of customers under the Ordinance.
In case of discrepancies between the English and Chinese version of this Personal Information Collection Statement, the English version shall apply and prevail for all purposes.
Promise (Hong Kong) Co., Limited