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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 cafˆms 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

Some of the customer's personal information may also be gathered by the Bank through the use of "cookies". The Bank uses cookies as part of the Bank's offer and provision of customized services and to help the customer sign into the Bank's website. Cookies are pieces of information that the Bank's website transfers to the customer's hard disk for recording the customer's personal information such as any personal preference identified from the customer's transaction pattern monitored by the Bank. Such customer's personal information stored in the customer's hard disk can be retrieved by the Bank's website. The customer may choose not to accept the cookies that the Bank's website sends to the customer's hard disk by changing the settings of the customer's browser. If a customer chooses not to accept the cookies, this will prevent that customer from being able to participate in the Bank's internet banking process.

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.

 

 

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 Bank'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 or products of the Bank and/or selected companies;
  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. meeting all requirements to disclose to any regulatory authority or law enforcement body with competent jurisdiction or any court order being enforceable on the Bank or a Bank Group Company or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Bank or a Bank Group Company is expected to comply;
  13. 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;
  14. 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");
  15. verifying data subjects' identities with any card acquirer of a merchant in connection with any card transactions;
  16. for group risk management purposes; and
  17. 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 to make disclosure under the requirements of any law, regulation or court order binding on the Bank or a Bank Group Company or under and for the purposes of any guidelines issued by regulatory or other authorities with which the Bank or a Bank Group Company is expected to comply;
  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. selected companies for the purpose of informing data subjects of services which the Bank believes will be of interest to data subjects.

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) 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 individual 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 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 or written off (otherwise than due to a bankruptcy order) 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.

(7) 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.

(8) 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.

 

(9) 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

Industrial and Commercial Bank of China (Asia) Limited

33/F ICBC Tower

3 Garden Road

Central

Hong Kong

Fax : 2805 1166

(10) Nothing in this Circular shall limit the rights of data subjects under the Personal Data (Privacy) Ordinance.

 

(11) This Circular shall be deemed an integral part of all contracts, agreements, credit facility letters, account mandates and other binding arrangements which you have entered into or intend to enter into with the Bank.

 

(12) 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, for the avoidance of doubt, companies within the group of Industrial and Commercial Bank of China;

"subsidiary" and "holding company"
bearing the same meanings under the Companies Ordinance (Cap.32)

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

 

September 2008


 

 

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