Personal Data (Privacy) Ordinance (“PDPO”) Notice
It is the policy of ICICI Bank Limited, Hong Kong Branch (the “Bank”) to respect and protect the privacy of the individuals’ personal data and to observe the requirements of the PDPO in the collection, maintenance and use of personal data. This notice (the “Notice”) sets down the policies of the Bank with respect to protection of personal data. The provisions of this Notice shall form part of the account terms and conditions governing and/or agreement/ arrangements that a data subject enters into with the Bank. In the event of any inconsistency between the provisions herein and any such terms, the provisions of this Notice shall prevail.
References to “data subjects” in this Notice means the customers of the Bank, including without limitation, applicants for banking and financial services and facilities.
- From time to time, it will be necessary for the data subjects to supply the Bank with personal data in connection with the opening or continuation of accounts, and/or the establishment or continuation of banking and financial services facilities by the Bank to the data subjects.
- Failure to supply such personal data may result in the Bank being unable to open or continue the accounts or to establish or continue banking facilities or to provide banking services to the relevant data subjects.
- It is also the case that personal data are collected from data subjects in the ordinary course of the continuation of the relationships with them, for example, when data subjects/customers write cheques, deposit money or give instructions.
- The purposes for which personal data relating to a data subject may be used by the Bank will vary depending on the data subject’s relationship with the Bank. Generally they may comprise of the following purposes:
- operation of the services and banking/financial facilities provided to the data subjects and processing of applications for banking/financial services and facilities;
- provision of credit references/references and confirmations to professional advisors such as auditors;
- conducting credit checks at the time of application for banking/financial services and facilities and at the time of regular or special reviews which normally will may place once or more times each year;
- assisting other financial institutions to conduct credit checks and collect debts;
- ensuring ongoing creditworthiness of data subjects;
- designing financial services and/or related products for the data subjects’ use;
- marketing banking services of the Bank and/or related products (subject to the terms specified in clause 8 below);
- determining the amount of indebtedness owed to or by the data subject;
- enforcement of data subjects’ obligations, including collection of amounts outstanding from them and from those providing security to the Bank in respect of obligations of data subjects;
- performing treasury functions;
- for operational purposes, credit assessment, credit scoring models or statistical analysis (including in each case, behaviour analysis and evaluation on overall relationship with the ICICI Bank Group which includes using such data to comply with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within ICICI Bank Group and/or any other use of data and information in accordance with any group-wide programmes for compliance with terrorism sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities), whether on the data subjects or otherwise;
- complying with the obligations, requirements or arrangements for disclosing and using data that apply to the Bank or that it is expected to comply according to:
- any law binding or applying to it within or outside Hong Kong, existing currently and in the future;
- 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 and/or by securities exchanges, within or outside Hong Kong, existing currently and in the future;
- 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 or securities exchanges that is assumed by or imposed on the ICICI Group (the head office of the Bank and any of its branches, holding company, subsidiaries or associated or affiliated companies of the Bank wherever located) by reason of its financial, commercial, business or other interests or activities in or related to the jurisdiction of the relevant authority/body/association; and
- any notices/demands/requests for information from any regulatory/governmental authorities having jurisdiction/authority in any manner over the Bank or any other member of the ICICI Group.
- maintaining a credit history of the data subject (whether or not there exists any relationship between the data subject and the Bank), for present and future reference;
- enabling an actual or proposed assignee of the Bank, or participant or sub-participant of the Bank’s rights in respect of the data subject, to evaluate the transaction intended to be the subject of the assignment, participation, sub-participation or similar activity;
- purposes specifically provided for in any particular service or facility offered by the Bank. Such procedures include matching procedures (as defined in the PDPO, but broadly includes comparison of two or more sets of the data subject's data, for purposes of taking actions adverse to the interests of the data subject, such as declining an application); and
- all other incidental and associated purposes relating to any of the above, including seeking professional advice.
The Bank shall keep data only for as long as is reasonably required for the above purposes or as required by applicable law. This includes keeping, for as long as reasonably required, such data as required for handling enquiries relating to any of the above purposes.
- 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 clause 4 above (subject to the terms specified in clause 8 below, as apply to direct marketing):
- any member of ICICI Group, its/their agents, contractors and/or third party service providers (whether in Hong Kong or elsewhere) who provides administrative, telecommunications, computer, payment, or securities clearing or other services to the Bank or to ICICI Group in connection with the operation of its business;
- any other person which has expressly or impliedly undertaken a duty of confidentiality to the Bank or to a member of ICICI Group;
- the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
- any authorized institution (as such term is defined in the Banking Ordinance) or other authorised or regulated entity of similar nature in another jurisdiction with which the data subject has or proposes to have dealings;
- credit reference agencies and, in the event of default, to debt collection agencies;
- any person to whom the Bank or any other member of ICICI Group is under an obligation or otherwise required to make disclosure under the requirements of any law binding on or applying to the Bank or any other member of ICICI Group, 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 any other member of ICICI Group are expected to comply, or any disclosure pursuant to any contractual or other commitment of the Bank or any other member of ICICI Group 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;
- 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 data subject;
- any person providing or proposing to provide a guarantee of or security for the data subject’s obligations to the Bank; and
- subject to the terms specified in clause 8 below, as apply to direct marketing, to the following persons/bodies/entities that the Company engages for the purposes set out in Clause (4)(g) above:
- any member of ICICI Group;
- third party financial institutions, insurers, card companies, securities and investment services providers;
- third party reward, loyalty and privilege programme providers;
- co-branding partners of the Bank and any other member of ICICI Group (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);
- charitable and non-profit making organisations; and
- external service providers (including but not limited to professional advisers, receivers appointed for the purpose of enforcement and recovery, mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies, information technology companies and market research firms),
- For the purpose of clause (4)(c) above, the Bank may from time to time access and obtain consumer credit data of the data subject from a credit reference agency for reviewing any of the following matters in relation to the credit facilities granted:
- an increase in the credit amount;
- the curtailing of credit (including the termination of credit or a decrease in the facility amount); or
- the putting in place or the implementation of a scheme of arrangement with the data subject.
- When the Bank accesses consumer credit data about a data subject held with a credit reference agency, it must comply with the Code of Practice on Consumer Credit Data approved and issued under the Ordinance (the "Code") and other relevant regulatory requirements.
- Of all the data which may be collected or held by the Bank from time to time in connection with mortgages, the mortgage account general data relating to data subjects (including any updated data thereof) may be provided by the Bank to the credit reference agency.
Such mortgage account general data means the following data of the data subject: full name, capacity in respect of each mortgage (as borrower, mortgagor or guarantor), Hong Kong Identity Card or travel document number, date of birth, address, mortgage account number in respect of each mortgage, type of facility in respect of each mortgage, mortgage account status in respect of each mortgage (e.g. active, closed, write-off), (if any) mortgage account closed date in respect of each mortgage.
The credit reference agency will use the mortgage account general data supplied by the Company for the purposes of compiling a count of the number of mortgages from time to time held by a data subject, as borrower, mortgagor or guarantor respectively, for sharing in the consumer credit database of the credit reference agency by credit providers (subject to the requirements of the Code).
- DIRECT MARKETING
The Bank intends to use the data subject’s data in direct marketing and the Bank requires the data subject’s consent (which includes an indication of no-objection) for that purpose. In this connection, please note that:
- the name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of the data subject held by the Bank from time to time may be used by the Bank in direct marketing;
- the following classes of services, products and subjects may be marketed:
- financial, insurance, cards (meaning cards used to withdraw cash or pay for goods and services, including credit cards, debit cards, ATM cards, and stored value cards), banking and related services and products;
- reward, loyalty or privilege programmes and related services and products;
- 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
- donations and contributions for charitable and/or non-profit making purposes;
- the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Bank and/or:
- any other member of ICICI Group;
- third party reward, loyalty or privilege programme providers;
- co-branding partners of the Bank and any other member of ICICI Group; and
- charitable or non-profit making organisations;
- in addition to marketing the above services, products and subjects itself, the Bank also intends to provide the data described in paragraph (8)(a) above to all or any of the persons described in paragraph (8)(c) above for use by them in marketing those services, products and subjects, and the Bank requires the data subject’s written consent (which includes an indication of no objection) for that purpose;
- the Bank may receive money or other property in return for providing the data to the other persons in paragraph (8)(d) above and, when requesting the data subject’s consent or no objection as described in paragraph (8)(d) 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/her data for use in direct marketing as described above, the data subject may exercise his/her opt-out right by notifying the Bank at any time and without charge.
- Under and in accordance with the terms of the Ordinance and the Code, any data subject has the right:
- to check whether the Bank holds data about him/her and access to such data;
- to require the Bank to correct any data relating to him/her 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; and
- in relation to consumer credit data (including data relating to mortgages) which has been provided by the Bank to a credit reference agency:
- to request to be informed which items of data are routinely disclosed to credit reference agencies or debt collection agencies;
- 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
- upon termination of the account by full payment, to instruct the Bank to request a credit reference agency to delete any such data from its database, so long as the instruction is given within 5 years of termination and there has been no payment default in excess of 60 days in the 5 years immediately before account termination.
- 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 may be retained by the credit reference agency until expiry of 5 years from the date of final settlement of the amount in default. Account repayment data includes 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)).
- In the event any amount in an account is written off due to a bankruptcy order being made against the data subject, the account repayment data 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 expiry of 5 years from the date of final settlement of the amount in default or expiry of 5 years from the date of discharge from bankruptcy as notified by the data subject with evidence to the credit reference agency, whichever is earlier.
- The Bank may obtain a credit report on or access the database of the data subject from a credit reference agency in considering any application for credit or conducting credit reviews from time to time. In the event the data subject wishes to access the credit report, the Bank will advise the contact details of the relevant credit reference agency.
- Data of a data subject may be processed, kept, transferred or disclosed in and to any country as the Bank or any person who has obtained such data from the Bank referred to in clause 5 above considers appropriate. Such data may also be processed, kept, transferred or disclosed in accordance with the local practices and laws, rules and regulations (including any governmental acts and orders) in such country.
- The Bank may charge a reasonable fee for the processing of any data access request. Nothing in this Notice shall limit the rights of data subjects under the Ordinance.
- 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,
ICICI Bank Limited, Hong Kong Branch,
Unit 1504B – 1506, Level 15, International Commerce Centre,
1 Austin Road West, Kowloon, Hong Kong,
Tele: +852 22342600 Fax: +852 22347613
- In case of discrepancies between the English and Chinese versions of this Notice, the English version shall prevail.
ICICI Bank Limited
Hong Kong Branch