Standard Chartered Bank (Hong Kong) Limited (the "Bank")
Notice to customers and other individuals relating to the Personal Data (Privacy) Ordinance ("Ordinance") and
the Code of Practice on Consumer Credit Data |
| (a) |
From time to time, it is necessary for data subjects to supply the Bank with data in connection with the following matters such as: |
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(I) |
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(i) |
the opening or operation of accounts; |
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(ii) |
the establishment or maintenance of facilities; and/or |
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(iii) |
the establishment or operation or provision of products or services offered by or through the Bank (which could include banking, cards, financial, insurance, fiduciary, securities and/or investments products and services as well as products and services relating to these);
(collectively, Facilities, Products and Services), and/or |
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(II) |
the receipt of supplies and services to the Bank. |
| (b) |
Failure to supply such data may result in the Bank being unable to establish, maintain or provide Facilities, Products and Services to data subjects. |
| (c) |
It is also the case that data are collected by the Bank from data subjects transacting with or through the Bank in the ordinary course of the Bank’s business, for example, when data subjects write cheques or deposit money or effect transactions through cards. |
| (d) |
Data relating to a data subject may be used for any one or more of the following purposes:
| (i) |
processing application from the data subject (including assessing the merits and/or suitability of the data subject's application(s)) for the establishment of Facilities, Products and Services; |
| (ii) |
operating, maintaining and providing Facilities, Products and Services to the data subject; |
| (iii) |
conducting credit checks on the data subject (whether in respect of an application for Facilities, Products and Services or during regular or special reviews); |
| (iv) |
creating and maintaining the Bank's credit scoring models; |
| (v) |
maintaining credit history of the data subject for present and future reference; |
| (vi) |
assisting other financial institutions to conduct credit checks and collect debts; |
| (vii) |
ensuring ongoing credit worthiness of the data subject; |
| (viii) |
designing banking, cards, financial, insurance, securities and investment services or related products for data subject's use; |
| (ix) |
marketing any of the following (in respect of which the Bank may or may not be remunerated): |
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banking, cards, financial, insurance, fiduciary, securities and investment and related services and products; |
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reward, loyalty or privileges programmes and related services and products; and |
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services and products offered by co-branding partners. |
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The above services and products may be provided or marketed by the Bank and/or any other members of the Standard Chartered Group; and/or third party banks, card companies, financial institutions, insurers, fiduciary, securities and investment, reward, loyalty and privileges programme and/or related services and/or products providers; and/or co-branding partners. |
| (x) |
determining the amount of indebtedness owed to or by data subjects; |
| (xi) |
enforcement of data subjects’ obligations, including without limitation the collection of amounts outstanding from data subjects and those providing security for data subjects’ obligations; |
| (xii) |
meeting the disclosure obligations or requirements under the requirements of any law or regulation binding on or applying to the Bank or any other member of the Standard Chartered Group or under and for the purposes of any guidelines, directives, rules, codes, circulars or other similar documents issued or given by a regulatory body or other authorities with which the Bank or any other member of the Standard Chartered Group is expected to comply; |
| (xiii) |
enabling an actual or potential assignee of all or any part of the business and/or asset of the Bank or participant or sub-participant of the Bank’s rights in respect of the data subject, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation, and/or |
| (xiv) |
any other purposes relating to the purposes listed above. |
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| (e) |
the Bank may provide, transfer or disclose such data to any one or more of the following parties (whether within or outside Hong Kong) 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 or other services to the Bank in connection with the establishment, operation, maintenance or provision of Facilities, Products and Services; |
| (ii) |
any other person under a duty of confidentiality to the Bank including any other member of the Standard Chartered Group which has undertaken to keep such information confidential; |
| (iii) |
the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer; |
| (iv) |
credit reference agencies and, in the event of default, debt collection agencies; |
| (v) |
any person or entity to whom the Bank or any other member of the Standard Chartered Group is under an obligation or is required to make disclosure under the requirements of any law or regulation binding on or applying to the Bank or any other member of the Standard Chartered Group or under and for the purposes of any guidelines, directives, rules, codes, circulars or other similar documents issued or given by a regulatory body or other authorities with which the Bank or any other member of the Standard Chartered Group is expected to comply; |
| (vi) |
any financial institution and merchant acquiring company with which a data subject has or proposes to have dealings; |
| (vii) |
any actual or proposed assignee of all or any part of the business and/or asset of the Bank or participant or sub-participant or transferee of the Bank’s rights in respect of the data subjects; |
| (viii) |
any party giving or proposing to give a guarantee or third party security to guarantee or secure the data subject's obligations, and/or |
| (ix) |
any person or entity which the Bank engages for any of the purpose(s) set out in paragraph (d)(ix). |
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| (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 data subject has the right:
| (i) |
to check whether the Bank holds data about him/her and/or access such data; |
| (ii) |
to require the Bank to correct any data relating to him/her which is inaccurate; |
| (iii) |
to ascertain the Bank’s policies and procedures in relation to data and to be informed of the kind of personal data held by the Bank and/or he/she has access to; |
| (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 or correction request to the relevant credit reference agency or debt collection agency, and |
| (v) |
in relation to consumer credit 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 5 years of termination and at no time the account has had 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 of a bankruptcy as notified to the credit reference agency whichever is earlier. |
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| (g) |
The Bank may from time to time access the personal and account information or records of a data subject held by the credit reference agency for the purpose of reviewing any of the following matters in relation to the existing credit facilities granted to a data subject or a third party whose obligations are guaranteed by a data subject:
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an increase in the credit amount; |
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the curtailing of credit (including the cancellation of credit or a decrease in the credit amount); and |
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the putting in place or the implementation of a scheme of arrangement with the data subject or the third party. |
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| (h) |
The Bank may have obtained a credit report on a data subject from a credit reference agency in considering any application for credit. In the event a data subject wishes to access the credit report, the Bank will advise the contact details of the relevant credit reference agency. |
| (i) |
Data of a data subject may be processed, kept, transferred or disclosed in and to any country as the Bank or any person who has obtained such data from the Bank referred to in (e) above considers appropriate. Such data may also be processed, kept, transferred or disclosed in accordance with the local practices and laws, rules and regulations (including any governmental acts and orders) in such country. |
| (j) |
The person to whom requests for access to or correction of data held by the Bank, or for information regarding the Bank’s data policies and practices and kinds of data held by the Bank are to be addressed, is as follows: |
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The Data Protection Officer
STANDARD CHARTERED BANK (HONG KONG) LIMITED
GPO Box 21, Hong Kong |
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Should you have any queries, please do not hesitate to contact either your relationship manager or our designated hotline 2282 2313. |
| (k) |
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. |
| (l) |
Nothing in this notice shall limit the rights of data subjects under the Ordinance. |
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In this notice, unless inconsistent with the context or otherwise specified, the words in italic shall have the following meanings:
account means, for each facility, service or product which the Bank may from time to time make available to the data subjects, the account that is, opened and/or maintained in respect of it from time to time.
card means an ATM card, a debit card, a credit card, or a revolving card or all of them, as the context requires.
co-branding partner means a business partner of the Bank and/or other member of the Standard Chartered Group, and the name of which can be found in the application form(s) for the relevant services and products, as the case may be.
data subjects includes applicants for Facilities, Products and Services, customers, security providers, referees, corporate officers and managers, suppliers, agents, contractors, service providers and other contractual counterparties and any third party transacting with or through the Bank.
disclose or disclosing, in relation to personal data, includes disclose or disclosing information inferred from the data.
Standard Chartered Group means each of or collectively Standard Chartered PLC and its subsidiaries and affiliates (including each branch or representative office).
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February 2011 |
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