NOTICE RELATING TO THE PERSONAL DATA (PRIVACY) ORDINANCE (“ORDINANCE”)
Lister Capital Management Limited (“LCML”) values your trust. LCML is committed to the full implementation and compliance with the six data protection principles and the requirements of the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) (the “Ordinance”). This Notice is intended to assist you in understanding LCML’s collection of personal data and how that data is used and your rights in relation to that data.
a. Lister Capital Management Limited (“LCML”) is committed to protecting the privacy, confidentiality and security of the personal information held by LCML and complying with the requirements of Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong) (the “Ordinance”) with respect to the management of personal information. LCML are equally committed to use best endeavors in ensuring that all employees and agents of LCML uphold these obligations.
b. From time to time, it may be necessary for you to supply LCML with data in connection with the opening or continuation of accounts, the establishment or continuation of credit facilities (“Facilities”) or provision of financial services (“Services”) or compliance with any laws, guidelines or requests issued by regulatory or other authorities.
c. Failure to supply such data may result in LCML being unable to open or continue the account or establish or continue the Facilities or provide the Services.
d. Data is and will be collected from you in the ordinary course of your relationship with LCML through the following channels:
(i) directly from you, for example, opening or continuation of accounts, the establishment or continuation of Facilities or provision of Services;
(ii) when you issue a cheque or make a deposit;
(iii) when you call LCML, visit the website of LCML, using the mobile application or service of LCML, viewing the online commercials of LCML (some of the information will be collected through the use of cookies), or contact LCML by other means of communication;
(iv) consolidating and analyzing all the information obtained by LCML;
(v) publicly available information, such as records at the land registry.
e. The purposes for which data relating to you may be used (whether before or after the termination of your relationship with LCML and whether or not Facilities or Services are provided to you) are as follows :-
(i) Processing of applications for, and daily operation of, the Facilities and Services provided to you or to other persons for whom you act as guarantor or for whom you provide third party security;
(ii) conducting credit checks;
(iii) assisting other financial institutions to conduct credit checks and collect debts;
(iv) ensuring your ongoing credit worthiness;
(v) providing benefits, services or information to you through service providers/strategic partners of LCML;
(vi) designing financial services for related products for your use;
(vii) marketing financial services;
(viii) conducting survey on the LCML’s product and service qualities;
(ix) determining the amount of indebtedness owed to or by you;
(x) collection of amounts outstanding from you and those providing security for your obligations;
(xi) meeting the requirements to make disclosure under the requirements of any law, rule, regulation, order, ruling, judicial interpretation or directive (whether or not having the force of law) applicable to LCML, its agents and/or affiliates (whether in Hong Kong or elsewhere) from time to time, including without limitation, the requirements, codes, guidelines, policies, customs, practices, recommendations or request (whether or not mandatory) of any Regulator;
(xii) enabling an actual or proposed assignee of LCML or participant or sub-participant of LCML’s rights in respect of a customer to evaluate the transaction intended to be in the subject of the assignment, participation or sub-participation;
(xiii) conducting matching procedures (as defined and as permitted in the Ordinance), comparing your data or data of other persons for credit checking, data verification or otherwise producing or verifying data;
(xiv) conducting consumer credit scoring or preparing statistics or carrying out research;
(xv) maintaining your credit history (whether or not there exists any relationship between you and LCML or recipient of the data) for present and future reference;
(xvi) any other purpose permitted by law; and
(xvii) purposes relating thereto.
f. All personal data held by LCML will be kept confidential but LCML may disclose or transfer such information to the following parties for the purposes set out in paragraph “e” above:
(i) any agent, contractor, sub-contractor or associates of LCML or its affiliates within the LCML Group (including its employees, officers, agents, contractors, service providers and professional advisers);
(ii) any third-party service provider who provides administrative, professional, advisory, telecommunication, information service, computer, payment, data processing, debt collection or other services to LCML or its affiliates within LCML Group in connection with the operation or maintenance of its business;
(iii) any other person who is under a duty of confidentiality to LCML and has undertaken to keep such information confidential
(iv) the drawee bank providing a copy of a paid cheque (which may contain data about the payee) to the drawer;
(v) credit reference agencies and, in the event of default, debt collection agencies;
(vi) any authority, body, association or persons mentioned in paragraph d(vi) above;
(vii) any actual or proposed assignee or transferee or LCML or, participant or sub-participant of LCML’s rights in respect of loans/credit facilities relating to data subjects;
(viii) any persons giving or proposing to give a guarantee or security to guarantee or secure the data subject’s obligations to LCML;
(ix) any entities within the LCML Group;
(x) business partners or co-branding partners of LCML, together with whom LCML provides products or services to data subjects;
Personal data collected in Hong Kong by LCML may be transferred in and to a place outside Hong Kong.
g. Data may be transferred overseas to the extent permitted by the Ordinance.
h. The information disclosed pursuant to this notice may be subject to further disclosure by the recipient to other parties in accordance with the laws of the country in which the recipient is located.
(i) Where LCML grants any credit facilities to you or to another person for whom you act as guarantor, you give consent that your consumer credit data may be supplied to a credit reference agency, or in the event of default, to a debit collection agency. In the event that you or the borrower default(s) in repayment for a period exceeding 60 days, your account data may be retained by the relevant credit reference agency for up to 5 years from the date of final settlement of the amount in default as permitted by the Code of Practice on Consumer Credit Data (“Code”). Further, in the event of amount being written off due to a bankruptcy order being made against you, you shall be liable to have your account repayment data retained by the relevant credit reference agency, regardless of whether the account repayment data reveal any default(s) in repayment for a period exceeding 60 days, until the earlier of the expiry of 5 years from the date of final settlement of the amount in default or the expiry of 5 years from the date of your discharge from bankruptcy as notified to the relevant credit reference agency by you with evidence.
(ii) You have the right, once the loan account is terminated by full repayment, to instruct LCML to request the relevant credit reference agency to delete from its database any account data relating to the terminated account, provided that there has not been, within 5 years immediately before account termination, any default in payment on the account for a period exceeding 60 days.
(iii) For the purposes of this notice, “account data” may include account general data (e.g. general particulars of the account such as account opening date, repayment terms, whether you were a borrower or guarantor, approved loan amount etc) and account repayment data (such as the amount repaid, outstanding balance of the loan, default data including the amount and number of days past due).
j. LCML may from time to time access and obtain from credit reference agencies data relating to you for the purposes permitted by the Code. Besides, the following mortgage account general data of your goodself and your account will be supplied to the relevant credit reference agency for generating the mortgage count for sharing in the consumer credit database of the relevant credit reference agency by credit providers :
(i) name of the individual
(ii) capacity of the individual (i.e. whether as borrower, mortgagor or guarantor);
(iii) Hong Kong Identity Card Number or travel document number;
(iv) date of birth;
(v) address;
(vi) account number;
(vii) type of the facility;
(viii) account status (active, closed, write-off, etc); and
(ix) account closed date.
k. Under and in accordance with the terms of the Ordinance and the Code, any individual has the right:
(i) to check whether LCML holds data about him and his right of access to such data;
(ii) to require LCML to correct any data relating to him which is inaccurate;
(iii) to ascertain LCML’s policies and practices in relation to data and to be informed of the kind of personal data held by LCML; and
(iv) in relation to consumer credit, to request to be informed which items of data are routinely disclosed to credit reference agencies and/or debt collection agencies, and to 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 as the case may be.
l. In accordance with the terms of the Ordinance, LCML has the right to charge a reasonable fee for the processing of a data access request.
m. You should send any requests for access to personal data or correction of personal data or for information regarding our policies and practices to: :-
Data Protection Officer
Lister Capital Management Limited
Office B, 21/F,
Asia Harvest Commercial Centre,
324 Shau Kei Wan Road,
Hong Kong.
Tel : (852) 3173 6998
Fax : (852) 3585 5568
E-mail: equiry@listermoney.com
n. All documents and records should be kept for a period of at least five years after the completion of a transaction, regardless of whether the business relationship ends durng the period.
o. Nothing in this Notification shall limit the rights of the data subjects under the Ordinance.
p. In case of discrepancy between the English and Chinese versions of this notice, the English version shall prevail.