Notice relating to the Personal Data (Privacy) Ordinance (the “Ordinance”)
It is the policy and commitment of Bank of Baroda, Hong Kong (the “Bank”) to protect and respect the privacy of an individual’s personal data (“data”). This notice states (a) the Bank’s purposes of data collection, (b) the classes of persons the Bank can transfer personal data to, and (c) the customers’ right to data access and correction of data.
- It is necessary from time to time for customers to supply the Bank with the customers’ data in connection with the opening or continuation of accounts and the establishment or continuation of banking facilities or provision of banking/financial services.
- The Bank may be unable to open or continue accounts or establish or continue banking facilities or provide banking/financial services to the customers if they fail to supply such data.
- Data is collected by the Bank from customers in the ordinary course of the operation and continuation of the banking/financial relationship (for example, when customers deposit money or effect transactions through cards).
- The purposes for which data relating to a customer may be used by the Bank (and/or any person who has obtained such data from the Bank) are set out below:-
- the daily operation of the services and banking/financial facilities provided to customers;
- conducting credit checks and carrying out matching procedures (as defined in the Ordinance);
- ensuring ongoing credit worthiness of customers;
- assisting other financial institutions to conduct credit checks and collect debts;
- marketing banking/financial services or related products;
- improving and designing banking/financial services or related products for customers’ use;
- collection of amounts outstanding from customers and those providing security for customers’ obligations;
- determining the amount of indebtedness owed to or by customers;
- meeting the requirements to make disclosure under the requirements of any law binding on the Bank, the holding company of the Bank or any of their respective branches (but only in so far as such requirement for disclosure of data by the companies relates to data already held by such companies on the behalf of the Bank at the time the need for disclosure arises but not any other data);
- maintaining a credit history of the customer (regardless whether or not there already exists any relationship between the customer and the Bank or the recipient of the data) for present and future reference;
- comparing data of the customer or other persons for credit checking, data verification or otherwise producing or verifying data; and purpose relating thereto.
- Data relating to a customer held by the Bank will be kept strictly confidential but the Bank may provide such information to the following parties for the purposes set out in paragraph 4 above:-
- any agent, contractor or third party service provider who provides administrative telecommunications, computer, payment, debt collection or securities clearing or other services to the Bank in connection with operation of its business;
- any other person under a duty of confidentiality to the Bank including a group company of the Bank which has undertaken to keep such information confidential;
- any subsidiaries, holding companies, associated companies or affiliates of the Bank or their respective branches or companies controlled by or under common control with the Bank or the company operating the Bank;
- credit reference agencies, and, in the event of default, to debt collection agencies;
- the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
- any person to whom the Bank or the holding company of the Bank or any of their respective branches is under an obligation to make disclosure under the requirements of any law, regulation or court order binding on the Bank, the holding company of the Bank or any of their respective branches;
- any party giving or proposing to give any third party security or guarantee to secure or guarantee the liabilities or obligations of the customers;
- any actual or proposed assignee of the Bank or participant or sub participant or transferee of the rights of the Bank in respect of the customer or all or any part of the business, undertaking or assets of the Bank.
- The Bank may disclose data to any or all of the parties stated above and may do so notwithstanding that the recipient’s place of business is outside Hong Kong including India, or that such information following disclosure will be collected, held, processed or used by such recipient (including the Bank of Baroda, a bank carrying on business in India) in whole or part outside Hong Kong.
- For the purpose of paragraph 5(iv) above, the Bank shall access and obtain from the credit reference agencies such personal and account information or records of the customer held by a credit reference agency in accordance with the Ordinance. Without prejudice to the foregoing, the Bank may from time to time access and obtain the personal and account information or records of the customer held by a credit reference agency for reviewing any of the following matters in relation to the existing banking facilities granted to the customer:-
- an increase in the credit amount;
- the curtailing of credit (including the cancellation of credit or a reduction in the credit amount); or
- the implementation or otherwise the putting in place of a scheme of arrangement with the customer.
- In the event of any default by the customer in his repayment to the Bank, unless the amount in default is fully repaid before the expiry of 60 days from the date such default occurred, the customer shall be liable to have his account data retained by the credit reference agency until the expiry of 5 years from the date of final settlement of the amount in default.
- Subject to 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:-
- to check whether the Bank holds data about him and access to such data;
- to require the Bank to correct any data relating to him which is inaccurate;
- 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;
- in relation to consumer credit, to request to be informed 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.
- where the customer credit applied for does not involve a residential mortgage loan, upon termination of the account, to instruct the Bank to direct the credit reference agencies to delete from its database any account data relating to his terminated account provided the account has been settled by full payment and, within 5 years immediately before account termination, there has not been any material default on the account. 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.
- The Bank has the right to charge a reasonable fee for the processing of any data access request in accordance with the terms of the Ordinance. Data of or in relation to a customer may be processed, kept, transferred or disclosed in and to any territory or country (including, without limitation, India) as the Bank or any person who has obtained such data from the Bank referred to in paragraph 5 above considers appropriate.
- Such data may also be disclosed or released in accordance with the local practices and laws, rules and regulations (including any governmental decrees, acts and orders) in such territory or country.
- The Bank as a bank is subject to the duty to confidentiality to its customers at common law (whether the customers are individuals or corporate bodies). The Bank will subject to law and this Notice keep as confidential the data and information of the customer (whether the customer is an individual or a corporate body) and not disclose or divulge such information to any person without the customer’s consent.
- The person to whom request 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 followed:-
Alternate Chief Executive
Bank of Baroda
(Hong Kong Branch)
4th Floor, Dina House,
11 Duddell Street,
Tel. No.: (852) 2521 5166
Fax No.: (852) 2868 4702
- Nothing in this notice shall limit the rights of customers under the Personal Data (Privacy) Ordinance.