Notice Relating to the Personal Data (Privacy) Ordinance
(Cap. 486 of the Laws of Hong Kong)
Clause 29 of Section IV Conditions for Account Opening and Maintenance of the standard Terms and Conditions of Bank J. Safra Sarasin Ltd, Hong Kong Branch
Capitalised terms herein shall have the same meaning as the standard Terms and Conditions of Bank J. Safra Sarasin Ltd, Hong Kong Branch. In the event of inconsistency between the English version and the Chinese versions, the English version shall apply and prevail.
29. Collection, use and storage of Personal Data
29.1 It is the policy of the Bank to observe the Personal Data (Privacy) Ordinance (Cap. 486) ("PD(P)O") in the collection, maintenance, use and disclosure of Personal Data:
(a) From time to time, it will be necessary for the Account Holder to supply the Bank with Personal Data in connection with the establishment or continuation of Accounts or the Bank's facilities, provision of the Banking Services (which includes those set out in paragraph 29.4 below) and generally the Account Holder's banking relationship with the Bank.
(b) Failure to supply such Personal Data or failure to consent to the use of such Personal Data for the purposes set out herein (including marketing financial services or products) may result in the Bank being unable to open or continue the Accounts or provide or continue to provide Banking Services or Facilities for/to the Account Holder.
(c) It is also the case that Personal Data may be collected from the Account Holder in the ordinary course of the banking relationship, for example, when the Account Holder writes a cheque or deposits money or effects transactions through the Accounts.
(d) The purposes for which Personal Data relating to the Account Holder may be used by the Bank are set out as follows:
(i) processing application from the Account Holder for the establishment of, and facilitating the daily operation and maintenance of, the Banking Services and credit Facilities provided to the Account Holder (including assessing the eligibility of the Account for Banking Services);
(ii) carrying out the Account Holder's Instructions, or responding to any enquiry from the Account Holder;
(iii) conducting credit checks;
(iv) maintaining credit history of the Account Holder for present and future reference;
(v) assisting other financial institutions to conduct credit checks and collect debts;
(vi) ensuring ongoing creditworthiness of the Account Holder;
(vii) designing Banking Services, financial services or related products for the Account Holder's use;
(viii) facilitating remittances and wire transfers;
(ix) marketing Banking Services, financial services or related products by the Bank or other Group Entities which may or may not be remunerated (as detailed in paragraph 29.4 below);
(x) determining the amount of indebtedness owed to or by the Account Holder;
(xi) enforcement of the Account Holder’s obligations, including without limitation, collection of amounts outstanding from Account Holder and those parties providing security for the Account Holder's obligations;
(xii) observing and complying with Applicable Laws including but not limited to complying with the obligations, requirements or arrangements for disclosing and using Personal Data that apply to the Bank and/or the relevant Group Entity or that it is expected to comply with pursuant to;
1) any laws, rules or regulations binding on or applying to it within or outside Hong Kong existing currently and in the future;
2) 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 service providers within or outside Hong Kong existing currently and in the future;
3) 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 service providers that is assumed by or imposed on the Bank and/or the relevant Group Entity 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;
(xiii) enabling an actual or proposed assignee of the Bank, or participant or sub-participant of the Bank's rights and/or obligations in respect of the Account Holder to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
(xiv) meeting or complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the Group 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;
(xv) promotional or relationship management purposes; and
(xvi) fulfilling any other purposes related thereto. outsourced, data and/or transaction processing, financial and transaction reporting, custody, execution and other functions, administrative, telecommunication, computer, payment or securities clearing or other services to the Bank in connection with the operation of its business;
(b) the head office and any branches, subsidiaries, Group Entities or associated or affiliated companies of the Bank wherever located;
(c) any other person under a duty of confidentiality to the Bank or any other Group Entity which have undertaken to keep such information confidential;
(d) the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
(e) credit reference agencies, and, in the Event of Default, to debt collection agencies;
(f) any person in accordance with Applicable Laws, including any person or entity to whom the Bank or any other Group Entity is under an obligation or otherwise 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 Group, or any disclosure under and for the purposes of any guidelines, guidance, directives, rules, codes, circulars or other similar documents issued or given by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of finance services providers with which the Bank or other Group Entities is expected to comply, or any disclosure pursuant to any contractual, or other commitment of the Bank or other Group Entities with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations for financial services providers, all of which may be within or outside Hong Kong and may be existing currently and in the future;;
(g) any financial institution with which the Account Holder has or proposes to have dealings;
(h) any actual or proposed assignee of the Bank or participant or sub-participant or transferee of the Bank's rights in respect
of the Account Holder;
(i) any person providing or proposing to provide security for the Account Holder's obligations;
(j) any person or entity which the Bank or any other Group Entity engages for any of the purposes set out in paragraphs 29.1
(k) any regulator, governmental or law enforcement body; and/or
(l) any person in connection with any merger, sale, corporate reorganisation or change in corporate control of the Group or
any part thereof.
29.3 The Account Holder understands and agrees that the Bank may disclose Personal Data to any or all of the parties stated above and may do so notwithstanding that the recipient's place of business is outside of Hong Kong or that such information
following disclosure will be collected, held, processed or used by such recipient in whole or in part outside of Hong Kong and
the Account Holder agrees to authorize access by such party to collect, hold, process or use such Personal Data.
29.4 The Bank intends to use Personal Data in direct marketing and the Bank requires the Account Holder’s consent (which
includes an indication of no objection) for that purpose. In this regard, please note that:,
(a) Personal Data collected, maintained and/or used by the Bank in respect of the Account Holder in respect of direct
marketing of Banking Services include:
(ii) contact details (including registered, mailing and/or residential address, telephone number(s), email address(es),
facsimile number(s) of the Account Holder and/or the beneficial owner(s), director(s), shareholder(s) or attorney(s)
(iv) beneficial ownership of the Account and/or the Account Holder;
(v) nationality and demographic information of any and all relevant person(s) connected with the Account;
(vi) business information such as occupation, company name, business title, associated contact information;
(vii) financial background of the Account, the Account Holder and/or the beneficial owner(s) of the Account Holder or Account (where relevant and applicable);
(viii) products and services portfolio information;
(ix) transactional patterns and behavior.
(b) the following sets out the relevant classes of Banking Services for which Personal Data collected by the Bank may be used for marketing purposes (in all instances, to the extent permitted under Applicable Laws):
(ii) Custodian Securities and Custody Services;
(iv) equity Securities;
(vi) fixed income Securities;
(vii) foreign exchange products and/or services;
(viii) funds and related Securities;
(ix) Non-Discretionary Portfolio Advisory Service and/or other execution only services;
(x) Transactions (including derivatives and structured products);
(xi) trustee services (through referrals to relevant Group Entities);
(xii) managed companies services (through referrals to relevant Group Entities).
(c) the abovementioned Banking Services may be provided by the Bank and/or:
(i) any Group Entity;
(ii) third party financial institutions, securities and investment services providers;
(iii) any persons detailed under paragraphs 29.2(a), 29.2(b), 29.2(c), 29.2(g) and/or 29.2(j) above.
(d) in addition to marketing the Banking Services (including those detailed above) itself, the Bank also intends to provide the Personal Data described above in paragraph 29.4(a) above to all and any of the persons described in paragraph 29.4 (c) for use by them in marketing those relevant services, products and subjects, and the Bank requires the Account Holder’s written consent (which includes an indication of no objection) for that purpose;
(e) the Bank may receive payment (whether in the form of money or other property or any other forms of compensation) in return for providing the Personal Data to such persons described in paragraph 29.4(c).
29.5 Under and in accordance with the terms of the PD(P)O and the Code of Practice on Consumer Credit Data approved and issued under the PD(P)O, any individual has the right:
(a) to check whether the Bank holds Personal Data about him/her and of access to such Personal Data;
(b) to require the Bank to correct any Personal Data relating to him/her which is inaccurate;
(c) to ascertain the Bank's policies and practices in relation to Personal Data and to be informed of the kind of Personal Data held by the Bank;
(d) in relation to consumer credit, to request to be informed 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 an access and correction request to the relevant credit reference agency or debt collection agency; and
(e) in relation to Personal 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 termination of the Account. 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 the Bank, whichever is earlier.
29.6 The Bank may from time to time access the personal and account information or records of the Account Holder 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 the Account Holder or a third party whose obligations are guaranteed or secured by the Account Holder:
(a) an increase in the credit amount;
(b) the curtailing of credit (including the cancellation of credit or a decrease in the credit amount); and
(c) the putting in place or the implementation of a scheme of arrangement with the Account Holder or the third party.
29.7 The Bank may obtain a credit report on the Account Holder from a credit reference agency in considering any application for credit. In the event of the Account Holder wishes to access the credit report or, where appropriate, make a data correction request, the Bank will advise the contact details of the relevant credit reference agency.
29.8 In accordance with the terms of the PD(P)O, the Bank has the right to charge a reasonable fee for the processing of any Personal Data access request.
29.9 Nothing in the Terms and Conditions shall limit the rights of the Account Holder under the PD(P)O.
29.10 Request for access to Personal Data or correction of Personal Data or for information regarding policies and practices and kinds of Personal Data held should be addressed to the Bank's Data Protection Officer at the Bank's office at 40/F Edinburgh Tower, The Landmark, 15 Queen's Road Central, Hong Kong or such other address as may be notified to the Account Holder from time to time.
29.11 By signing the Account Application and/or by providing relevant Personal Data to the Bank, the Account Holder acknowledges and agrees that the Account Holder has read and understood the provisions herein on the collection, maintenance, use and disclosure of Personal Data and agrees to the same.
29.12 The Account Holder in particular hereby expressly consents to the use of Personal Data by the Bank for direct marketing purposes and the provision by the Bank of Personal Data to any or all of the parties stated in paragraphs 29.2 and 29.4 above.
29.13 The Account Holder may, at any time and free of charge, exercise his/her/its opt out right under the PD(P)O and request that the Bank ceases to use or provide Personal Data to other persons by writing to the Bank in the address listed above under paragraph 29.10 above.
DIRECT MARKETING OPT-OUT INSTRUCTIONS
The Bank intends to use Personal Data for direct marketing purposes as indicated herein. The Bank may not use such Personal Data without the Account Holder’s consent. Should the Account Holder consider such use of his/her/its Personal Data not acceptable, please indicate in the box below with a “tick” in the appropriate box(es) and sign below.
The Account Holder does not consent to the use of Personal Data for direct marketing purposes by the Bank and/or the provision of Personal Data by the Bank to Group Entities for direct marketing purposes and the Account Holder does not wish to receive any marketing information from the Bank or its Group Entities in respect of any or all of the Banking Services detailed in the Notice relating to the Personal Data (Privacy) Ordinance and/or paragraph 29 of Section IV of the Bank’s standard Terms and Conditions.
The Account Holder does not consent to the provision of Personal Data by the Bank to other persons (other than Group Entities) for direct marketing purposes and the Account Holder does not wish to receive any marketing information from other persons (other than Group Entities).