This Data Policy Notice (this “Notice”) sets out the data policies of FundPark Limited (the “Platform”, which includes its successors and assigns) in the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). This Notice forms part of the other agreements or arrangements that the Data Subjects enter into with the Platform. If any inconsistency is found among this Notice and the other agreements or arrangements, the provisions of this Notice shall prevail.

References to “Data Subjects” in this Notice means the customers of the Platform and various other persons, including without limitation, applicants for financial services and credit facilities, security providers, sureties, guarantors, shareholders, directors, corporate officers and managers, sole proprietors, partners, suppliers, contractors, service providers and other contractual counterparties supplying data (including personal data as defined in the Personal Data (Privacy) Ordinance (the “Ordinance”)) to the Platform.

  1. From time to time, it is necessary for Data Subjects to supply the Platform with data in connection with various matters such as the opening or continuation of accounts, establishment or continuation of credit facilities, provision of financial services, provision of supplies or services to the Platform and/or Data Subjects or compliance with any laws, regulations, guidelines or requests issued by Authorities.
  2. Failure to supply such data may result in the Platform being unable to open or continue accounts or establish or continue credit facilities or provide financial services or accept or continue with the provision of services.
  3. It is also the case that data are collected from Data Subjects in the ordinary course of the continuation of the relationships with them (e.g. when Data Subjects apply for credit facilities or services or give instructions).
  4. The purposes for which data relating to any of the Data Subjects may be used will vary depending on the nature of the Data Subjects' relationship with the Platform. Broadly, they may comprise any or all of the following purposes:
    1. processing of applications for financial services and credit facilities;
    2. operation of services and credit facilities provided by or to the Platform or to Data Subjects;
    3. provision of reference (status enquiries);
    4. conducting credit and other status checks;
    5. assisting other financial institutions to conduct credit checks and collect debts;
    6. ensuring ongoing credit-worthiness of Data Subjects;
    7. researching and/or designing financial services or related products for Data Subjects' use;
    8. marketing services, products and other subjects (see further details in paragraph (f) below);
    9. operating internal controls including determining the amount of indebtedness owed to or by Data Subjects;
    10. performing treasury functions;
    11. 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. for operational purposes, credit assessment, credit scoring models or statistical analysis, whether on the Data Subjects or otherwise;
    13. meeting obligations, requirements or arrangements, whether compulsory or voluntary, of the Platform to comply with, or in connection with:
      1. any law, regulation, judgment, court order, voluntary code or sanctions regime, within or outside Hong Kong existing currently and in the future;
      2. any guidelines, guidance or requests given or issued by any legal, judicial, 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 (the “Authorities”) and any international guidance, internal policies or procedures;
      3. any present or future contractual or other commitment with local and foreign Authorities that is assumed by or imposed on or applicable to the Platform by reason of its financial, commercial, business or other interest or activities in or related to the jurisdiction of the relevant local or foreign Authorities;
    14. complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information with the Platform and/or any other use of data and information in accordance with any programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
    15. creating and maintaining the Platform's credit scoring models;
    16. enabling an actual or proposed assignee of the Platform or participant or sub-participant of the Platform's rights in respect of the Data Subjects to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
    17. conducting procedures specifically provided for in any particular service and/or credit facility offered by the Platform. Such procedures include matching procedures (as defined in the Ordinance, but broadly includes the comparison of two or more sets of the Data Subjects' data, for the purposes of taking actions adverse to the interests of the Data Subjects, such as declining an application);
    18. meeting any obligations of the Platform to comply with any demand or request from the Authorities, such as exchange of information, withholding or deduction; and
    19. all other incidental and associated purposes relating to any of the above purposes, including seeking professional advice.
    20. The Platform keeps data only for as long as is reasonably required for the above purposes or as required by applicable laws. This includes keeping, for as long as reasonably required, such data as required for handling enquiries relating to any of the above purposes.
  5. Data held by the Platform relating to the Data Subjects will be kept confidential but the Platform may provide such information to the following parties (whether within or outside Hong Kong) for any of the purposes set out in paragraph (d) above:
    1. any agent, contractor, sub-contractor, service provider or associate of the Platform (including their employees, directors, officers, agents, contractors, service providers and professional advisers);
    2. any third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Platform in connection with the operation of its business (including their employees, directors and officers);
    3. any Authorities;
    4. any other person which has undertaken expressly or impliedly to the Platform to keep such information confidential;
    5. any authorised 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 Subjects have or propose to have dealings;
    6. credit reference agencies, and, in the event of default, to debt collection agencies;
    7. any person to whom the Platform is under an obligation or required or expected to make disclosure under the requirements of any law binding on or applying to the Platform or any disclosure under and for the purposes set out in, or in connection with, paragraph (d)(xiii) and (d)(xiv);
    8. any actual or proposed assignee of the Platform or participant or sub-participant or transferee of the Platform's rights in respect of the Data Subject; and
      1. third party financial institutions and insurers, securities and investment services providers;
      2. charitable and non-profit making organisations; and
      3. external service providers (including but not limited to professional advisers, mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies, information technology companies and market research firms),
      4. that the Platform engages for the purposes set out in paragraph (d)(viii).
  6. Use of Data in Direct Marketing

    The Platform may use the Data Subjects' data in direct marketing, provided always that the Platform shall obtain the prior written consent of the Data Subjects for that purpose, and if the Data Subjects do not provide such consent to the Platform, the Platform shall not use such Data Subjects' data for that purpose. In this connection, if the Data Subjects consent to the Platform's use of their data, please note that:

    1. the name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of the Data Subjects held by the Platform from time to time may be used by the Platform in direct marketing;
    2. the following classes of services, products and subjects may be marketed:
      1. financial, insurance and related services and products; and
      2. donations and contributions for charitable and/or non-profit making purposes;
    3. the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Platform and/or:
      1. third party financial institutions, insurers, securities and investment services providers; and
      2. charitable or non-profit making organisations;
    4. in addition to marketing the above services, products and subjects itself, the Platform may also provide the data described in paragraph (f)(i) above to all or any of the persons described in paragraph (f)(iii) above for use by them in marketing those services, products and subjects, provided always that the Platform shall obtain the prior written consent of the Data Subjects for that purpose, and if the Data Subjects do not provide such consent to the Platform, the Platform shall not provide such Data Subjects' data for that purpose;
    If any of the Data Subjects does not wish the Platform to use or provide to other persons his/her data for the purpose of direct marketing as described above, the Data Subjects may exercise his/her opt-out right by notifying the Platform at any time and without charge.
  7. Under and in accordance with the terms of the Ordinance and the Code, any of the Data Subjects has the right:
    1. to check whether the Platform holds data about him/her and access such data;
    2. to require the Platform to correct any data relating to him/her which is inaccurate;
    3. to ascertain the Platform's policies and practices in relation to data and to be informed of the kind of personal data held by the Platform; and
  8. The Platform may obtain a credit report on or access the database of the Data Subjects from a credit reference agency in considering any application for credit or conducting credit reviews from time to time. In the event that the Data Subjects wish to access the credit report, the Platform will advise the contact details of the relevant credit reference agency.
  9. Data of the Data Subjects may be used, processed, kept, transferred or disclosed in and to any country as the Platform or any person who has obtained such data from the Platform referred to in paragraph (e) above considers appropriate. Such data may also be used, 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.
  10. The Platform may charge a reasonable fee for the processing of any data access request.
  11. Nothing in this Notice shall limit the rights of Data Subjects under the Ordinance.
  12. In accordance with the Ordinance, Data Subjects may make data access or data correction requests or request information regarding the Platform's policies and practices and kinds of data held. Such requests should be addressed to:

    The Data Protection Officer

    FundPark Limited

    16 / F, 9 Chong Yip Street, Kwun Tong, Kowloon, Hong Kong

    Telephone: 3460 2871

    Email: [email protected]

September 2019