Notice to Customers relating to the Personal Data (Privacy) Ordinance (the "Ordinance")
Delta Wealth Credit Limited (the “Company”) from time to time is committed to protecting data privacy in accordance with applicable Hong Kong legal and regulatory requirements.
A. From time to time, it is necessary for data subjects to supply the Company with data in connection with the open or continuation of accounts and the establishment or continuation of credit facilities or provision other financial services.
B. Failure to supply such data may result in the Company being unable to provide or continue credit facilities or provide financial services.
C. It is also the case that data are collected from data subjects in the ordinary course of the continuation of the business relationship. For example, when the data subjects process of new or renewal of loan application or other financial services.
D. The purposes for which data relating to the data subjects may be used are as follows: -
- the daily operation of the services and credit facilities provided to the data subjects ;
- 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;
- creating and maintaining the Company’s credit scoring models;
- assisting other financial institutions to conduct credit checks and collect debts;
- ensuring ongoing credit worthiness of data subjects;
- designing financial services or related products for data subjects ' use;
- marketing financial services or related products and other subjects (please see further details in paragraph (g) below;
- determining amounts owed to or by data subjects;
- collection of amounts outstanding from the data subjects and those providing security for data subject’s obligations;
- meeting the requirements to make disclosure under the requirements of any law binding on the Company;
- enabling an actual or proposed assignee of the Company, or participant or sub-participant of the Company's rights in respect of the data subjects to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; and
- purposes relating thereto.
E. Data held by the Company relating to the data subjects will be kept confidential but the Company may provide such information to the following parties for the purposes set out in paragraph (D): -
- any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or other services to the Company in connection with the operation of its business;
- any other person under a duty of confidentiality to the Company including a group company of the Company which has undertaken to keep such information confidential;
- credit reference agencies, and, in the event of default, to debt collection agencies;
- any person to whom the Company is under an obligation to make disclosure under the requirements of any law binding on the Company; and
- any actual or proposed assignee of the Company or participant or sub-participant or transferee of the Company's rights in respect of the data subjects.
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: -
- to check whether the Company holds data about him and of access to such data;
- to require the Company to correct any data relating to him which is inaccurate;
- 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 ;
- 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
- n relation to data which has been provided by the Company to a credit reference agency, to instruct the Company upon termination of an agreement 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 he agreement have a default of payment lasting in excess of 60 days within 5 years immediately before agreement termination. In the event the agreement 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.
G. Use of data in direct marketing
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:
- 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;
- the following classes of services, products and subjects may be marketed:
- credit facilities and related financial services and products and facilities;
- reward, loyalty or privileges programmes and related services and products;
- 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
- donations and contributions for charitable and/or non-profit making purposes;
- the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or:
- any member of the group companies of the Company;
- third party financial institutions;
- third party reward, loyalty, co-branding or privileges programme providers
- co-branding partners of the Company and the group companies of the Company (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
- charitable or non-profit making organisations;
- in addition to marketing the above services, products and subjects itself, the Company also intends to provide the data described in Paragraph (G1.) above to all or any of the persons described in Paragraph g(G3.) 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;
- the Company may receive money or other property in return for providing the data to the other persons in Paragraph (G4.) above and, when requesting the data subject’s consent or no objection as described in Paragraph (G4.) above, the Company will inform the data subject if it will receive any money or other property in return for providing data to the other persons.
If a data subject does not wish the Company to use or provide to other persons his/her data for use in direct marketing as described above, the data subject may exercise his/her opt-out right by notifying the Company.
H. 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.
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 is as follows:
The Data Protection Officer
Delta Wealth Credit Limited
Room 4303, 43/F, China Resources Building,
26 Harbour Road, Wan Chai, Hong Kong
Telephone : 2877 7726
Fax : 2877 7736
J. The Company may have obtained a credit report on the data subjects from a credit reference agency in considering any application for credit. In the event the data subjects wishes to access the credit report, the Company will advise the contact details of the relevant credit reference agency.
K. Nothing in this Notice shall limit the rights of data subjects under the Personal Data (Privacy) Ordinance.
In the event of any inconsistency between the English and Chinese version of this Notice, the English version shall prevail.