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E-Banking Services Personal Information Collection and

Privacy Policy Statements

Industrial and Commercial Bank of China (Asia) Limited (the "Bank") respects customer's privacy and will take all reasonable steps to ensure that customer's personal data will be protected. The Bank will also take all reasonable steps to ensure that the customer's personal information collected, retained and provided by the Bank is accurate. If the Bank becomes aware of any inaccuracies in the Bank's records, the Bank will take prompt steps to make appropriate corrections.

By accessing this website and any of its pages thereof, you are agreeing to be bound by the terms and conditions set out below and by continuing to use this website following the posting of any changes to these terms you are deemed to have accepted and to be bound by the changes made. If you do not agree to the terms and conditions below, do not access this website or any pages thereof.

PROTECTION OF PERSONAL DATA

Encryption

Encryption technology is employed by the Bank for transmitting and receiving sensitive data on the internet to endeavour to protect the customer's privacy. The customer's browser needs to be of the required specification for the encryption technology as specified in the Bank's user's guide.

Encryption technology is employed by the Bank for transmitting and receiving sensitive data on the internet to endeavour to protect the customer's privacy. The customer's browser needs to be of the required specification for the encryption technology as specified by the Bank.

Protect your computer

  1. Install the most up-to-date anti-virus software and update the software with virus signature regularly.
  2. Install personal firewall software on your computer to prevent hackers from accessing computer or intrusion via the internet.
  3. You are recommended to discuss with reputable information security professionals and software vendors to select the best suitable security protection software.

Never disclose your PIN of e-banking and personal information

  1. Do not disclose your PIN of internet banking, phone banking and ATM to any persons (including bank staff and the police) or any doubtful websites or allow anyone else to use your PIN and do not record it anywhere. The Bank will never contact customer directly or via other electronic channel (e.g. e-mail) to ask customer for their PIN and personal information for internet banking, phone banking, or ATM services. These include customer’s User ID, Digital Certificate, PIN, account number, identification/passport number, address, phone number etc.
  2. Do not use personal identifiers (e.g. user ID/password) that are easy to guess such as birthday, HKID number, telephone number, names of family members or common names, etc. Do not to use the passwords for accessing other services (for example, connection to the internet or accessing other websites).
  3. Regularly change your PIN via e-banking services (e.g. every 1 month).
  4. Check your bank balance and transactions regularly. Notify the Bank immediately if you discover any errors or unauthorized transactions.
  5. Do not use the internet banking user ID or PIN for other online services (e.g. e-mail, internet access).
  6. Do not use e-banking services through public or from shared computers such as those in cyber café or public libraries.
  7. Close all browser windows before logging on to e-banking to protect your financial information from unauthorized access from another website.
  8. Always check the date and time of your last visit to our e-banking services at Main Menu after login. If you suspect anything unusual, please contact the Bank immediately.
  9. Always log off after having finished using e-banking services.
  10. Always disconnect after having finished using the e-banking services. Avoid leaving your connection on, especially with broadband access, unless you are actively using it.

COLLECTION OF PERSONAL DATA

Clicktrail

Some of the customer's personal information may be gathered by the Bank by monitoring the customer's "clicktrail". The Bank may monitor and track the customer's use of the Bank's website to identify a usage pattern of the Bank's website and to build up a usage profile of the customer. This information is sometimes called a "clicktrail". It describes the pages in the Bank's website the customer has visited. We may use this information for marketing purposes, as well as one or more of the following types of uses:-

  1. ongoing account administration;
  2. customer verification procedures;
  3. marketing to the customer the product of the Bank or the Bank group;
  4. credit checking;
  5. data verification;
  6. any purpose relating to or in connection with compliance with any law, regulation, court order or request of a regulatory body; and
  7. any other purpose relating to or in connection with the business or dealings of the Bank or the Bank group.

Cookies

The Bank uses Cookies only for the purpose of maintaining the communication connection between customer terminal and bank server in every customer logon to our Internet Banking. The Bank does not record any customer information inside the Cookies. Customers may change the settings on their internet browsers for disabling the cookies transmission from the Bank's website. However, such disabling will prevent that customer from being able to make use of the Bank's internet banking services.

CIRCULAR TO CUSTOMERS AND OTHER INDIVIDUALS

The Bank requests the customer to note the contents of the Bank's Circular to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance set out at the end of this E-Banking Services Personal Information Collection and Privacy Statements.

DISCLAIMER

Information Usage

Products and services referred to in this website are offered only in jurisdictions where and when they may be lawfully offered by the Bank. The materials on this website is not intended for use by persons located in or resident in jurisdictions that restrict the distribution of this material by the Bank. These pages should not be regarded as an offer or solicitation to sell products or make transactions in any jurisdiction to any person to whom it is unlawful to make such an invitation or solicitation in such jurisdictions. Persons accessing these pages are required to inform themselves about and observe any relevant restrictions.

The Bank may from time to time specify the type and scope of the e-banking services. The Bank reserves the right to modify, expand or reduce the scope of the e-banking services from time to time without giving prior notice to the Customer.

Copyright

All information and data provided in the Bank's website, including that provided in third party websites hyperlinked to the Bank's website ("Provided Information") is subject to copyright of either the Bank or other third party provider.

The customer may save one copy of the content of the Bank's websites on the customer's disk and print extracts of it for the customer's own personal and non-commercial use. Any other copying, distribution, storing, or transmission of any kind, or any sort of commercial use, of the content of the Bank's website is prohibited.

No Warranty and No Advice

All information and descriptions contained in this website are subject to change from time to time. While every care has been taken in preparing the information and materials contained in this website, such information and materials are provided to you "as is" without warranty or representation of any kind, express or implied, and does not constitute investment advice or a recommendation to the customer and should not be relied on in that regard. The Bank does not assume responsibility for any reliance the customer may place on the Provided Information. In particular, no warranty or representation regarding non-infringement, security, accuracy, fitness for a particular purpose or freedom from computer virus, Trojan horses, worms, software bombs or similar items is given in conjunction with such information and materials.

The information contained in these pages is solely for reference purpose only and is not intended to provide professional advice and should not be relied upon in that regard. Persons accessing these pages are advised to obtain appropriate professional advice where necessary.

Linked Websites

The Bank is not responsible for the access to, the use of or the contents of other websites linked to the Bank's website.

Internet Communications

The Bank endeavours to ensure, but does not guarantee, uninterrupted availability of the Bank's website or the accuracy and timeliness of the data the Bank transmits. It is possible that inaccuracies and omissions may be contained in the material on the Bank's website and that inaccuracies, omissions and delays may occur in its conversion and electronic distribution by the Bank. The Bank excludes, to the full extent allowed by law, all liabilities (whether in contract or tort) for any loss, including indirect or incidental loss, resulting from any unavailability of the Bank's website, from the customer's access to or use of the Bank's website and the information in it, or the customer's saving of any content from the Bank's website or any content delivered to the customer by the Bank's website.

GOVERNING LAW

Use of this website shall be governed by the laws of the Hong Kong Special Administrative Region and any dispute shall be subject to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

 

May 2009


Revision of our Circular to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance

With a view to providing additional information to our customer about the uses of personal data, we are pleased to enclose our revised Circular.

The revision’s highlight:

(a) revising the purposes for which a data subject’s data may be used (please see paragraphs (4)(xii), (xiii) and (xviii)) and the classes of third parties which may be involved (please see paragraphs (5)(vi) and (ix)(e));
(b) revising the provisions in relation to the use of data by the Bank and provision of data by the Bank to other persons for use in direct marketing (please see paragarph (6)); and
(c) revising the provisions in relation to the provision of data in connection with mortgages applied by a data subject on or after 1 April 2011 by the Bank to a credit reference agency and data retention by the credit reference agency (please see paragraphs (7), (8)(v), (9) and (10)).

January 2013

 

 

Industrial and Commercial Bank of China (Asia) Limited (the "Bank")
Circular to Customers and Other Individuals relating to the
Personal Data (Privacy) Ordinance (the "Ordinance")


(1) From time to time, it is necessary for customers and various other individuals (including without limitation applicants for banking/financial services and credit facilities, sureties and persons providing security or guarantee for credit facilities, shareholders, directors, officers and managers of corporate customers or sole proprietors or partners or applicants and other contractual counterparties) (collectively "data subjects") to supply the Bank with data in connection with the opening or continuation of accounts and the establishment or continuation of banking/credit facilities or provision of banking/financial services.

(2) Failure to supply such data may result in the Bank being unable to open or continue accounts or establish or continue banking/credit facilities or provide banking/financial services.

(3) It is also the case that data are collected from data subjects in the ordinary course of the continuation of the banking relationship, for example, when data subjects write cheques, deposit money, apply for a credit or carry out card transactions.

(4) The purpose for which data relating to a data subject may be used are as follows :

  1. the processing of applications for banking/financial services and credit facilities;
  2. the daily operation of the services and credit facilities provided to data subjects;
  3. 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;
  4. creating and maintaining the BankĄ¯s credit scoring models;
  5. provision of reference (status enquiries);
  6. assisting other financial institutions to conduct credit checks and collect debts;
  7. ensuring ongoing credit worthiness of data subjects;
  8. designing financial services or related products for data subjects' use;
  9. marketing services, products and other subjects in respect of which the Bank may or may not be remunerated (please see further details in paragraph (6) below);
  10. determining the amount of indebtedness owed to or by data subjects;
  11. the enforcement of data subjects' obligations, including without limitation the collection of amounts outstanding from data subjects and those providing security for data subjects' obligations;
  12. complying with the obligations, requirements or arrangements for disclosing and using data that apply to the Bank or a Bank Group Company or that it is expected to comply according to:
    (a) any law binding or applying to it within or outside Hong Kong existing currently and in the future or any court order being enforceable on it;
    (b) 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 services providers within or outside Hong Kong existing currently and in the future;
    (c) 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 services providers that is assumed by or imposed on the Bank or a Bank Group Company 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;
  13. complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the group of the Bank 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;
  14. enabling an actual or proposed assignee of the Bank or a Bank Group Company, or participant or sub-participant of the rights of the Bank or those of a Bank Group Company in respect of the data subject to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
  15. exchanging information with merchants which accept credit cards issued by the Bank and entities with whom the Bank provides affinity/co-branded /private label credit card services (each a “merchant” or an “affinity entity”);
  16. verifying data subjects’ identities with any card acquirer of a merchant in connection with any card transactions;
  17. for purposes of risk management of the group of the Bank;
  18. maintaining a credit history or otherwise, a record of data subjects (whether or not there exists any relationship between data subjects and the Bank) for present and future reference; and
  19. purposes relating thereto.


(5) Data held by the Bank relating to a data subject will be kept confidential but the Bank may provide such information to the following parties for the purposes set out in paragraph (4) :

  1. any Bank Group Company, agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Bank or a Bank Group Company in connection with the operation of its business;
  2. any other person under a duty of confidentiality to the Bank or a Bank Group Company which has undertaken to keep such information confidential;
  3. the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
  4. a person making any payment into data subject’s account (by providing a copy of a deposit confirmation slip which may contain the name of the data subject);
  5. credit reference agencies, and, in the event of default, to debt collection agencies;
  6. any person to whom the Bank or a Bank Group Company is under an obligation or otherwise required to make disclosure under the requirements of any law, regulation or court order binding on or applying to the Bank or a Bank Group Company, or any disclosure under and for the purposes of 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 services providers with which the Bank or a Bank Group Company is expected to comply, or any disclosure pursuant to any contractual or other commitment of the Bank or a Bank Group Company with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers, all of which may be within or outside Hong Kong and may be existing currently and in the future;
  7. any actual or proposed assignee of the Bank or a Bank Group Company, or participant or sub-participant or transferee of the rights of the Bank or those of a Bank Group Company in respect of the data subject;
  8. a merchant or an affinity entity which has undertaken to keep such data confidential; and
  9. (a) any Bank Group Company;.
    (b) third party financial institutions, insurers, credit card companies, securities and investment services providers;
    (c) third party reward, loyalty, co-branding and privileges programme providers;
    (d) co-branding partners of the Bank and any Bank Group 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);
    (e) charitable or non-profit making organisations; and
    (f) external service providers (including but not limited to mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies and information technology companies) that the Bank engages for the purposes set out in paragraph (4)(ix).

The Bank may disclose data to any or all the parties stated above and may do so notwithstanding that the recipient’s place of business is outside Hong Kong, including Mainland China, or that such information following disclosure will be collected, held, processed or used by such recipient in whole or part outside Hong Kong.

(6) USE OF DATA IN DIRECT MARKETING

The Bank uses and/or intends to use the data of a data subject in direct marketing and the Bank requires the consent of the data subject (which includes an indication of no objection) for that purpose. In this connection, please note that:

  1. the name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of a data subject held by the Bank from time to time may be used by the Bank in direct marketing;
  2. the following classes of services, products and subjects may be marketed:
    (a) financial, insurance, credit card, banking and related services and products;
    (b) reward, loyalty or privileges programmes and related services and products;
    (c) services and products offered by the Bank’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;
  3. the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Bank and/or:
    (a) any Bank Group Company;
    (b) third party financial institutions, insurers, credit card companies, securities and investment services providers;
    (c) third party reward, loyalty, co-branding or privileges programme providers;
    (d) co-branding partners of the Bank and any Bank Group 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
    (e) charitable or non-profit making organisations;
  4. in addition to marketing the above services, products and subjects itself, the Bank also provides and/or intends to provide the data described in paragraph (6)(i) above to all or any of the persons described in paragraph (6)(iii) above for use by them in marketing those services, products and subjects, and the Bank requires written consent of the data subject (which includes an indication of no objection) for that purpose;
  5. The Bank may receive money or other property in return for providing the data to the other persons in paragraph (6)(iv) above and, when requesting the consent of the data subject or no objection as described in paragraph (6)(iv) above, the Bank will inform the data subject if it will receive any money or other property in return for providing the data to the other persons.

If a data subject does not wish the Bank to use or provide to other persons his data for use in direct marketing as described above, the data subject may, without charge, exercise his opt-out right by notifying the Bank. The data subject may make the opt-opt request by completing the form below and returning to the Bank or visiting any of the Bank’s branches.

 

(7) With respect to data in connection with mortgages applied by a data subject (whether as a borrower, mortgagor or guarantor and whether in the data subject’s sole name or in joint names with others) on or after 1 April 2011, the Bank may, on its own behalf and/or as agent, provide the following data relating to the data subject (including any update) to a credit reference agency:

  1. full name;
  2. 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);
  3. Hong Kong Identity Card Number or travel document number;
  4. date of birth;
  5. address;
  6. mortgage account number in respect of each mortgage;
  7. type of the facility in respect of each mortgage;
  8. 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
  9. if any, mortgage account closed date in respect of each mortgage.

The credit reference agency will use the above data 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).

(8) Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data, the data subject has the right :

  1. to check whether the Bank holds data about him and of access to such data;
  2. to require the Bank to correct any data relating to him which is inaccurate;
  3. 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;
  4. 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
  5. in relation to any account data (including, for the avoidance of doubt, any account repayment data) which has been provided by the Bank to a credit reference agency, to instruct the Bank, upon termination of the account by full repayment, to make a request to the credit reference agency to delete such account data from its database, as long as the instruction is given within five years of termination and at no time was there any default of payment in relation to the account, lasting in excess of 60 days within five years immediately before account termination. Account repayment data include amount last due, amount of payment made during the last reporting period (being a period not exceeding 31 days immediately preceding the last contribution of account data by the Bank to a credit reference agency), remaining available credit or outstanding balance and default data (being amount past due and number of days past due, date of settlement of amount past due, and date of final settlement of amount in default lasting in excess of 60 days (if any)).

 

(9) 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 (8)(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.

 

(10) 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 (8)(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.

 

(11) The Bank may from time to time access the consumer credit data of a data subject held by a credit reference agency in the course of the consideration of any grant of consumer credit or the review or renewal of existing customer credit facilities granted to the data subject as borrower or to another person for whom the data subject proposes to act or acts as guarantor or for the purpose of the reasonable monitoring of the indebtedness of the data subject while there is currently a default by the data subject as borrower or as guarantor. In particular, the Bank may access the consumer credit data for the purpose of the review of the existing consumer credit facilities granted to assist the Bank in considering any of the following matters:-

 

  1. an increase in the credit amount;
  2. the curtailing of credit (including the cancellation of credit or a decrease in the credit amount); or
  3. the putting in place or the implementation of a scheme of arrangement with the individual customer.

If the data subject wishes to access the credit report obtained by the Bank from the credit reference agency, the Bank will advise the contact details of the relevant credit reference agency.

 

(12) 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.

(13) 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
Industrial and Commercial Bank of China (Asia) Limited
33/F., ICBC Tower,
3 Garden Road
Central Hong Kong
Fax : 2805 1166

(14) Nothing in this Circular shall limit the rights of data subjects under the Ordinance.

(15) This Circular shall be deemed an integral part of all contracts, agreements, credit facility letters, account mandates and other binding arrangements which the data subject has entered into or intends to enter into with the Bank.

(16) In this Circular, the following terms shall have the following meanings :
“Bank Group Company” means any subsidiary of the Bank, any direct or indirect holding company of the Bank, any subsidiary of any such holding company or any of their related companies (that is such companies’ equity interest is held by any of the foregoing) including companies within the group of Industrial and Commercial Bank of China;
“subsidiary” and “holding company” bear the meanings under the Companies Ordinance (Cap.32)

 

Notes: In case of discrepancies between English and Chinese versions, the English version shall prevail.

January 2013


 

 

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