NOTICE RELATING TO THE PERSONAL DATA (PRIVACY) ORDINANCE (“ORDINANCE”)
1. From time to time, it is necessary for data subjects to supply the Club with data in connection with matters such as:- (i) the application for Memberships; (ii) the establishment or maintenance of Memberships; and/or (iii) the establishment or operation or provision of goods or services offered by or through the Club; (collectively Services), and/or (iv) the receipt of supplies and services to the Club. Failure to supply such data may result in the Club being unable to establish, maintain or provide Services to data subjects. It is also the case that data are collected, directly or indirectly, by the Club from data subjects transacting with or through the Club in the ordinary course of the Club’s business, including (without limitation) information received from third parties, the public domain, collected through use of the websites, cookies and electronic services of the Club, and/or when data subjects deposit money or effect transactions through cards.
2. Data relating to a data subject may be used for any one or more of the following purposes:- (i) processing applications from the data subject (including suitability of the data subject’s application(s)) for the Membership; (ii) operating, maintaining and providing Services to the data subject, including to enable the Club or any member of the Club to fulfil any contract for Services that a data subject has requested and/or to understand the overall picture of the relationship of a data subject with the Club by linking data in respect of all accounts such data subject is connected to; (iii) conducting credit checks on the data subject (whether in respect of an application for Services); (iv) maintaining credit history of the data subject for present and future reference; (v) ensuring ongoing credit worthiness of the data subject; (vi) designing Services for data subject’s use; (vii) marketing services, products and other subjects (please see further details below); (viii) determining the amount of indebtedness owed to or by data subjects; (ix) enforcement of data subjects’ obligations, to the Club or any other member of the Club; (x) meeting or complying with any obligations, requirements or arrangements for disclosing and using data that apply to the Club or any other member of the Club or that it is expected to comply according to:- (1) any law or regulation binding on or applying to it within or outside Hong Kong existing currently and in the future; (2) 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; (3) 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 Club or any member of the Club 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; (xi) meeting or complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the Club 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; (xii) enabling an actual or potential assignee of all or any part of the business and/or asset of the Club or participant or sub-participant of the Club’s rights in respect of the data subject, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; (xiii) in connection with any member of the Club defending or responding to any legal, governmental, or regulatory or quasi-governmental related matter, action or proceeding (including any prospective action or legal proceedings), including where it is in the legitimate interests of the Club or any member of the Club to seek professional advice, for obtaining legal advice or for establishing, exercising or defending legal rights; (xiv) in connection with any member of the Club making or investigating an insurance claim or responding to any insurance related matter, action or proceeding; (xv) organizing and delivering seminars for the data subjects; (xvi) managing, monitoring and assessing the performance of any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Club in connection with the establishment, operation, maintenance or provision of Services; and/or (xvii) any other purposes relating to the purposes listed above.
3. Data the Club holds relating to a data subject is kept confidential but the Club may provide, transfer or disclose such data or information to any one or more of the following parties (whether within or outside Hong Kong): (i) any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Club in connection with the establishment, operation, maintenance or provision of Services; (ii) any other person under a duty of confidentiality to the Club including any other member of the Club which has undertaken to keep such information confidential; (iii) any person or entity to whom the Club or any other member of the Club is under an obligation or otherwise required to make disclosure under the requirements of any law or regulation binding on or applying to the Club or any other member of the Club, or any disclosure under and for the purposes of any guidelines, guidance, directives, rules, codes, circulars or other similar documents issued or given 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 Club or any other member of the Club is expected to comply, or any disclosure pursuant to any contractual or other commitment of the Club or any other member of the Club 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; (iv) any financial institution and merchant acquiring company with which a data subject has or proposes to have dealings; (v) any actual or proposed assignee of all or any part of the business and/or asset of the Club or participant or sub-participant or transferee of the Club’s rights in respect of the data subjects; (vi) any party giving or proposing to give a guarantee or third party security to guarantee or secure the data subject’s obligations; and/or (vii) (1) any member of the Club which may include a Head Office function acting as a data controller in respect of data subject’s data; (2) third party financial institutions, insurers, credit card companies, securities and investment services providers; (3) third party reward, loyalty, co-branding and privileges programme providers; (4) co-branding partners of the Club and/or any member of the Club (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); (5) charitable or non-profit making organizations; and (6) external service providers (including but not limited to mailing houses, telecommunication companies, telemarketing and direct sales agents, call centers, data processing companies and information technology companies) that the Club engages for the purposes set out above.
USE OF DATA IN DIRECT MARKETING
4. The Club intends to use a data subject’s data in direct marketing and the Club requires the data subject’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that: (i) 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 Club from time to time may be used by the Club in direct marketing; (ii) the following classes of services, products and subjects may be marketed: (1) financial, insurance, fiduciary, investment services, credit card, securities, investment, banking and related services and products; (2) reward, loyalty or privileges programmes and related services and products; (3) services and products offered by the Club’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 (4) donations and contributions for charitable and/or non-profit making purposes; (iii) the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Club and/or:- (1) any member of the Club; (2) third party financial institutions, insurers, credit card companies, securities and investment services providers; (3) third party reward, loyalty, co-branding or privileges programme providers; (4) co-branding partners of the Club and/or any member of the Club (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 (5) charitable or non-profit making organizations.
5. In addition to marketing the above services, products and subjects itself, the Club also intends to provide the data described in paragraph (i) above to all or any of the persons described in paragraph (iii) above for use by them in marketing those services, products and subjects, and the Club requires the data subject’s written consent (which includes an indication of no objection) for that purpose; the Club may receive money or other property in return for providing the data to the other persons above and, when requesting the data subject’s consent or no objection as described in paragraph (iv) above, the Club 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 Club 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 Club.
7. In this document, unless inconsistent with the context or otherwise specified, the words in bold shall have the following meanings:- Membership(s) means, for service which the Club may from time to time make available to the data subjects, the account that is, opened and/or maintained in respect of it from time to time. Member(s) means holder(s) of Membership, and includes nominee(s) in case of Corporate Member. Payment Card means an ATM card, a debit card, a credit card, or a revolving card or all of them, as the context requires. Data subject(s) has the meaning given to it in the Ordinance and includes applicants or members for Services, customers, security providers, referees, corporate officers and managers, (e.g. authorized signatories, contact persons, company secretary, directors, shareholders, beneficial owners of a corporate), suppliers, agents, contractors, service providers and other contractual counterparties and any third party transacting with or through the Club. Disclose, disclosing or disclosure, in relation to personal data, includes disclose or disclosing information inferred from the data. Hong Kong means the Hong Kong Special Administrative Region. The Club means each of or collectively The Club Zfu Limited and its subsidiaries and affiliates (including each branch or representative office). Should there be any inconsistencies between the English and Chinese versions, the English version shall prevail.