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| (a) | From time to time, it is necessary for customers 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. | ||
| (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 customers in the ordinary course of the continuation of the banking relationship, for example, when customers write cheques or deposit money. | ||
| (d) | The purpose for which data relating to a customer may be used are as follows:- | ||
| (i) | the daily operation of the services and credit facilities provided to customers; | ||
| (ii) | conducting credit 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; | ||
| (iii) | creating and maintaining the Bank's credit scoring 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 financial services or related products; | ||
| (viii) | determining the amounts owed to or by customers; | ||
| (ix) | collection of amounts outstanding from customers and those providing security for customers' obligations; | ||
| (x) | meeting the requirements to make disclosure under the requirements of any law binding on the Bank or any of its branches/sub-branches; | ||
| (xi) | 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 | ||
| (xii) | purposes relating thereto. | ||
| (e) | Data held by the Bank relating to a customer will be kept confidential but the Bank may, where it considers necessary or appropriate, provide such information to the following parties for the purposes set out in paragraph (d):- | ||
| (i) | any agent, contractor or third party service provider whether such service provider situates in HKSAR, China or elsewhere outside HKSAR who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Bank in connection with the operation of its business; | ||
| (ii) | any other person under a duty of confidentiality to the Bank including a group company of the Bank 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 Bank is under an obligation to make disclosure under the requirements of any law binding on the Bank or any of its branches/sub-branches; and | ||
| (vi) | 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. | ||
| (f) | If the Bank provides customers' data to any agent, contractor, service provider or group company outside HKSAR under paragraph (e)(i) or (ii) above, the Bank will impose confidentiality undertakings substantially similar to the data protection laws in HKSAR on such agent, contractor, service provider or group company if it is subject to less stringent data protection laws in the relevant overseas jurisdiction. In any event, the Bank will remain responsible for ensuring the confidentiality of the customers' data. All such customers' data will be kept confidential and will not be disclosed to third parties except as provided in this notice or as required by applicable law. | ||
| (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 customer has the right:- | ||
| (i) | to check whether the Bank holds data about him/her and of access to 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 practices in relation to data and to be informed of the kind of personal data held by the Bank; | ||
| (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 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 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 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 Bank, whichever is earlier. | ||
| (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 Bank of Communications Co., Ltd. Hong Kong Branch 20 Pedder Street, Central, Hong Kong Tel.: 2841 9611 / 2973 8888 Fax: 2810 6993 |
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| (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 Personal Data (Privacy) Ordinance. | ||
Date: August 1, 2008