PERSONAL DATA COLLECTION STATEMENT
In compliance with the Personal Data (Privacy) Ordinance (the “Ordinance”), China Yinsheng Finance (Holding) Limited (the “Company”) would like to inform you the following:
1. From time to time, it is necessary for customers to supply the Company with data in connection with the opening or continuation of loan accounts and the establishment or continuation of credit facilities or credit instalment or provision of other financial services.
2. Failure to supply such data may result in the Company being unable to open or continue loan accounts or establish or continue credit facilities or credit instalment or provide other financial services.
3. It is also the case that data are collected from customers by the Company in the ordinary course of the continuation of the business relationship; for example, when customers process of new or renewal of loan application or other financial services, by means of written documentation, verbal conversation or online communication.
4. The purposes for which data relating to a customer may be used are as follows:
i. processing of applications for credit facilities and / or other financial services;
ii. the daily operation of the services and credit facilities provided to customers;
iii. conducting credit or other status checks 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, and carrying out matching procedures (as defined in the Ordinance) by the Company;
iv. creating and maintaining the Company’s credit scoring system;
v. assisting other money lenders and/or financial institutions to conduct credit checks and collect debts;
vi. ensuring ongoing credit worthiness of customers;
vii. designing financial services or related products for customers’ use;
viii. marketing financial services or related products of the Company and/or selected companies;
ix. determining the amounts owed to or by customers;
x. conducting insurance claims or analysis;
for operational purposes, credit assessment or statistical analysis of the Company;
xii. collection of amounts outstanding from customers and those providing security for customers’ obligations;
xiii. maintaining a credit history of customers (whether or not there exists any relationship between customers and the Company) for present and future reference of the Company;
xiv. meeting the requirements to make disclosure to the relevant supervisory or regulatory authorities, policy or court of law under the requirements of any law, regulation or court order binding on the Company, or under and for any guidelines issued by regulatory or other authorities with which the Company is expected to comply;
xv. enabling an actual or proposed assignee of the Company, or a participant, sub-participant or transferee of the rights of the Company in respect of the customer, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; and
xvi. purposes relating thereunto.
5. The company may from time to time access and obtain a credit report on the customer from a credit reference agency for reviewing any of the following matters in relation to the credit facilities granted:
i. an increase in the credit amount;
ii. the curtailing of credit (including the cancellation of credit or a decrease in the credit amount);
iii. the putting in place or the implementation of a scheme of arrangement with the customer.
6. Data held by the Company relating to a customer will be kept strictly confidential; however, the Company may disclose such data to any or all of the following parties and may do so notwithstanding that the recipient’s place of business is outside Hong Kong, including Mainland China and Macau or that such information following disclosure will be collected held, processed or used by such recipient in whole or part outside Hong Kong, for the purposes set out in paragraph (4):
i. any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing, data processing or any other services to the Company in connection with the operation of its business;
ii. any other person including the Company’s affiliated company(ies) under a duty of confidentiality to the Company 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, to debt collection agencies;
v. any person to whom the Company is under an obligation to make disclosure under the requirements of any law, regulation or court order binding on the Company or any guidelines issued by regulatory or other authorities with which the Company is expected to comply;
vi. any actual or proposed assignee of the Company or participant or sub-participant or transferee of the Company’s rights in respect of the customer; and
vii. to selected companies for the purpose of informing customers of services which the Company believes will be of interest to customers.
7. (i) With respect to data in connection with mortgages applied by a data subject (in any capacity) on or after 1 April 2011, the following data relating to the data subject (including any updated data of any of the following data from time to time) may be provided by the Bank, 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 the data subject’s sole name or in joint names with others);
(c) Hong Kong 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); and
(i) if any, mortgage account closed date in respect of each mortgage.
(ii) 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 data subject with credit providers in Hong Kong, as borrower, mortgagor or guarantor respectively and whether in the data subject’s 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).
(iii) The Bank may from time to time access the mortgage count held by the credit reference agency in the course of:-
(a) considering mortgage loan application(s) made by the data subject (in any capacity);
(b) reviewing any credit facility (including mortgage loan) granted or to be granted to the data subject (in any capacity) which is in default for a period of more than 60 days with a view to putting in place any debt restructuring, rescheduling or other modification of the terms of such credit facility by the Bank;
(c) reviewing any credit facility (including mortgage loan) granted or to be granted to the data subject (in any capacity), where there is in place any debt restructuring, rescheduling or other modification of the terms of such credit facility between the Bank and the data subject consequent upon a default in the repayment of such credit facility for implementing such arrangement, and/or
(d) reviewing any credit facility (including mortgage loan) granted or to be granted to the data subject (in any capacity), with a view to putting in place any debt restructuring, rescheduling or other modification of the terms of any credit facility initiated by the request of the data subject.
(iv) The Company may from time to time access the mortgage count held by the credit reference agency in the course of (after 31 March 2013):-
(a) reviewing and renewing mortgage loans granted or to be granted to the data subject (in any capacity); and/or
(b) considering the application for credit facility (other than mortgage loan) by the data subject (in any capacity other than mortgagor) and/or reviewing or renewing any facility (other than mortgage loan) granted or to be granted to the data subject (in any capacity other than mortgagor), in each case where such facility is in an amount not less than such level or to be determined by a mechanism as prescribed or approved by the Privacy Commissioner for Personal Data from time to time.
8. The Company intends to use the data subject’s data in direct marketing and the Company requires the data subject’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 services portfolio information, transaction pattern and behaviour, financial background and demographic data of the data subject held by the Company from time to time may be used by the Company in direct marketing;
ii. the following classes of services, products and subjects may be marketed:
(a) financial, insurance, credit card, securities, investment, and related services and products and facilities;
(b) reward, loyalty or privileges programmes and related services and products;
(c) services and products offered by the Company’s co-branding partners (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
(d) donations and contributions for charitable and/or non-profit making purposes;
iii. the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or:
(a) any member of the Group;
(b) third party financial institutions, insurers, credit card companies, securities, commodities and investment services providers;
(c) third party reward, loyalty, co-branding or privileges programme providers;
(d) co-branding partners of the Company and the Group (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
(e) charitable or non-profit making organisations;
iv. in addition to marketing the above services, products and subjects itself, the Company also intends to provide the data described in paragraph (1) above to all or any of the persons described in paragraph (3) above for use by them in marketing those services, products and subjects, and the Company requires the data subject’s written consent (which includes an indication of no objection) for that purpose.
We may not use your personal data unless we have received your consent.
If a customer does not wish the Company 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 Company.
9. 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 customer has the right:-
i. to check whether the Company holds data about him and of access to such data;
ii. to require the Company to correct any data relating to him which is inaccurate;
iii. to ascertain the Company’s policies and practices in relation to data and to be informed of the kind of personal data held by the Company;
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 a data 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 the Company to a credit reference agency, to instruct the Company 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 five 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 five years from the date of final settlement of the amount in default or five years from the date of discharge from a bankruptcy as notified to the Company, whichever is earlier.
10. In the event of any default of payment 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 (as defined in paragraph (9)(v) above) may be retained by the credit reference agency until the expiry of five years from the date of final settlement of the amount in default.
11. In the event any amount in an account is written-off due to a bankruptcy order being made against a data subject, the account repayment data (as defined in paragraph (9)(v) above) 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 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 data subject with evidence to the credit reference agency, whichever is earlier.
12. In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request.
The Data Protection Officer
China Yinsheng Finance (Holding) Limited
6/F., 9 Des Voeux Road West, Sheung Wan, Hong Kong.
Tel: 3622-3666; Fax: 2541-2328
14. The Company 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 customers are suggested to contact the credit reference agency directly, its contact detail as follows:-
Suite 1006, Tower 6, The Gateway, 9 Canton Road, Tsim Sha Tsui, Kowloon.
Tel: 2577 1816; Fax: 2578-4425
15.Nothing in this Statement shall limit the rights of customers under the Personal Data (Privacy) Ordinance.
16. In the event of any inconsistency between the English and Chinese versions of this Statement, the English version shall prevail.