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Personal Data Policy
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| 1. |
GuocoCapital Limited ("GuocoCapital") is a wholly-owned subsidiary of Guoco Group Limited and a member of the Hong Leong Group. Hong Leong Group is a leading conglomerate based in Malaysia with diversified businesses in banking & financial services, manufacturing & distribution, property development & investment, hospitality & leisure as well as principal investment with presence in North and Southeast Asia, Western Europe and the UK, North America and Oceania. GuocoCapital's fellow group members in Hong Kong include GuocoCommodities Limited, Hong Leong Insurance (Asia) Limited and Hong Leong Bank Berhad. |
| 2. |
Hong Kong legislation controls the collection, use and storage of personal information ("data"). This policy is being provided to existing and prospective individual and entities dealing with GuocoCapital in Hong Kong ("Relevant Persons") from whom data have been and/or may in the future be collected. |
| 3. |
Relevant Persons have in the past and may or will in the future be required to provide data to GuocoCapital in connection with and/or in the course of their dealings with GuocoCapital. |
| 4. |
If a Relevant Person does not supply such data, this may result in GuocoCapital being unable to provide services or otherwise deal with that Relevant Person. |
| 5. |
A Relevant Person's data may be used by GuocoCapital for the following purposes and the Relevant Person hereby expressly authorise GuocoCapital to use its data for the following purposes:-
- carrying out its instructions, providing services (whether by a member of Hong Leong Group or a selected third party) and responding to enquiries by that Relevant Person or made on its behalf ;
- carrying out matching procedures;
- researching, designing, launching, promoting and marketing financial and other facilities, services and products of the Hong Leong Group and third parties (including but not limited to the exchange of non-financial information with selected business partners and developing marketing lists for exchange with selected business partners) and monitoring the provision, operation and use of such services or products;
- provision of reference (status enquiries);
- carrying out credit and other status checks and debt collection and assisting other institutions to do so;
- ensuring ongoing credit-worthiness of Relevant Persons;
- operating internal controls including determining amounts owed to or by Relevant Persons, payment to or collection of such amounts from Relevant Persons and from any persons providing security for Relevant Persons' obligations and enforcing any charge or other security granted by or for Relevant Persons;
- performing treasury functions;
- the enforcement of Relevant Persons' obligations, including without limitation the collection of amounts outstanding from Relevant Persons and those providing security for Relevant Persons' obligations;
- assessing and analysing any insurance claim and assisting other insurance companies to conduct claims checks;
- forwarding publicity materials or other information to Relevant Persons from charitable organisations from time to time;
- meeting any legal, governmental or regulatory requirements in Hong Kong or any other applicable jurisdiction, including disclosure or notification requirements; and
- assisting any person who is acquiring or participating in any contractual arrangements between GuocoCapital and the Relevant Person to evaluate the transaction for such acquisition or participation;
and any other incidental and associated purposes relating to any of the above.
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| 6. |
Data held relating to a Relevant Person will be kept confidential but it may be provided to:-
- any person under a duty of confidentiality to GuocoCapital or to a member of the Hong Leong Group, including but not limited to any company or division within the Hong Leong Group (whether such company or division operates in Hong Kong or elsewhere);
- any relevant agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment, securities clearing, insurance, professional or other services to the Hong Leong Group;
- any banking, financial or other institution with which the Relevant Person has or proposes to have dealings;
- any credit reference agency and in default debt collection agencies or similar provider of debt collection or credit information services to the Hong Leong Group;
- any insurance company and any association or federation of insurance companies (whether or not based in Hong Kong);
- any person or corporation to whom a member of the Hong Leong Group transfers or proposes to transfer its interests and/or obligations in respect of that Relevant Person or any product or service provided to that Relevant Person;
- any nominee, trustee, co-trustee, centralised securities depository or registrar, custodian, insurance company, estate agent, solicitor or other person who is involved with the provision of services or products by a member of the Hong Leong Group to that Relevant Person; or
- any person by whom a member of the Hong Leong Group is required by applicable legal, governmental or regulatory requirements to make disclosure;
or to any other person reasonably requiring the same in order for GuocoCapital to carry out the purposes permitted in paragraph 5 above.
GuocoCapital may disclose data to any or all of the parties stated above and may do so notwithstanding the recipient's place of business is outside Hong Kong, or that such information following disclosure will be collected, held, processed or used by such recipient in whole or in part outside Hong Kong.
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| 7. |
A Relevant Person is entitled:
- to ask whether GuocoCapital holds data on them and to request access to and the correction of any such data held;
- to ascertain GuocoCapital's policies and practices in relation to data and to be informed of the kind of personal data held by GuocoCapital; and
- in relation to the Relevant Person's credit:
- to request to be informed which items of data are routinely disclosed to credit reference agencies or debt collection agencies;
- to be provided with further information to enable an access and correction request to be made to the relevant credit reference agency or debt collection agency; and
- to ask GuocoCapital to request the relevant credit reference agencies to delete his consumer credit data once the credit has been fully repaid, if there is no payment default in excess of 60 days in the past 5 years. If the Relevant Person has any such payment default, it is liable to have its consumer credit data retained by the relevant credit reference agencies until 5 years from the final settlement date of the default amount.
A reasonable fee will be charged for processing each data access request.
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| 8. |
Requests for access to or correction of data or for information regarding policies and practices and kinds of data held by GuocoCapital, should be addressed to c/o The Data Protection Officer, Guoco Group Limited, 50th Floor, The Center, 99 Queen's Road Central, Hong Kong.
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| 9. |
To help us to provide a better service to you, please ensure that your contact details including your home and office addresses, your telephone numbers (including your mobile telephone number), e-mail address and other details registered with us are up to date.
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| 10. |
If you do not want to receive any direct marketing or follow up regarding products and special promotions from the Hong Leong Group, please notify us in writing. No fee will be charged.
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| 11. |
The provisions of this policy may form part of the account terms and conditions and/or the agreement or arrangements that you have or may enter into with GuocoCapital. If any inconsistency is found, the provision of this policy shall prevail.
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| 12. |
In this policy, "subsidiary" and "holding company" shall bear the same meanings given to them under the Companies Ordinance of Hong Kong and "associated company" shall in relation to a company mean any company in the equity capital of which not less than twenty percent but not more than fifty percent of its shareholdings is held by the foregoing company.
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| December 2008 |
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