Joy Rich Finance Limited (hereinafter referred to as “JRF”) value your trust. JRF 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 Notification is intended to assist you in understanding JRF’s collection of personal data and how that data is used and your rights in relation to that data.

 

GENERAL

1.    Throughout this Notification, the term “data subject(s)” shall include the following classes of individuals:
a.    website visitors (if applicable), applicants for or customers of loan facilities; and

b.    directors, shareholders, officers and managers of any corporate applicants.
2.    The contents of this Notification shall apply to all data subjects and form part of the terms and conditions of the Loan Agreement and/or the agreement or arrangement that the data subjects have or may enter into with JRF from time to time. In the event of any inconsistency or discrepancy between this Notification and the relevant agreement/contract, this Notification shall prevail insofar as it relates to the protection of the data subject’s personal data.

COLLECTION OF PERSONAL DATA

3.    For the purposes of providing JRF’s services, it is necessary for data subjects to supply JRF with personal data for the opening or continuation of accounts for the purpose of establishment or continuation of loan facilities and related financial services.
4.    In the ordinary course of the JRF’s business, data subjects may also be requested to provide personal data for the purposes of processing new or renewal of loan applications or other services either applied in person or through the Internet.
5.    Failure to supply such personal data by data subjects may result in JRF being unable to process applications, open or continue accounts or provide loan facilities and related financial services.
6.    Personal data of data subjects may also be obtained from credit reference agency (whose contact details can be provided upon request) or from the public domain through different channels, e.g. a public register, a public search engine, a public directory or a ny social networks etc. Device information may be collected from data subjects’ web browsers.

USE OF PERSONAL DATA

7.    If the data subject is a loan applicant/customer, the personal data may be used for:

 

a.    assessing the merits and suitability of applicants for loan facilities and related financial services and/or processing and/or approving their applications, renewals and cancellations;
b.    enabling the daily operation of the services and loan facilities provided to customers;
c.    conducting credit checks at the time of application for loan and at the time of periodic or special reviews of credit which
normally will take place one or more times each year;

d.      creating and maintaining JRF’s credit scoring models; e.      ensuring ongoing credit worthiness of customers;
f.    assisting other financial institutions to conduct credit checks and to collect debts;
g.    designing and developing loan/credit facilities and related financial services for customers’ use;
h.    direct marketing services, products and other subjects as described in paragraphs 9 and 10 below;
i.    determining the amounts of indebtedness owed to or by customers;
j.    enabling the enforcement of customers’ obligations, including without limitation, the collection of amounts outstanding
from customers;
k.    enabling JRF’s compliance with the duties, obligations, requirements or arrangements for disclosing and using personal data that apply to it or that it is expected to comply pursuant to the following laws or regulations:

i.    any law binding or applicable to JRF within or outside Hong Kong Special Administrative Region (“Hong Kong”) in
force from time to time;
ii.    any guidelines, guidance or codes of practice given, published or issued by any legal, regulatory, governmental,
tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial service providers within or outside Hong Kong, by which JRF is bound due to its location or the locations of its businesses; and 

iii.    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;

l.    complying with the internal policies, procedures, measures or arrangements of JRF for the use of data and information and for prevention or detection of money laundering, terrorist financing or other unlawful activities;
m.     enabling an actual or proposed assignee or transferee of JRF, or participant or sub-participant of JRF’s rights in respect of the data subjects, to evaluate the transaction intended to be the subject of the assignment, transfer, participation or sub-
participation;
n.    comparing data of data subjects or other persons for credit checking, data verification or otherwise producing or verifying data, whether or not for the purpose of taking action against the data subjects; and
o.    maintaining a credit history of the data subjects (whether or not there exists any relationship between the data subjects and JRF) for present and future reference.

 

DISCLOSURE OF PERSONAL DATA

8.    All personal data held by JRF will be kept confidential but JRF may, for the purposes set out in paragraph 7 above, provide and disclose such information to the following parties:

a.    any agent, contractor or third party service provider who provides administrative, professional advisory, telecommunication, information service, computer, payment, data processing, debt collection or other services to JRF in connection with the operation of its business, wherever situated;
b.    any other person who is under a duty of confidentiality to JRF and has undertaken to keep such information confidential;
c.    credit reference agencies and, in the event of default, debt collection agencies;
d.    any person to whom JRF is under an obligation or otherwise required to make disclosure under the requirements of any law binding on or applicable to JRF, or any disclosure under and for the purposes of any guidelines, guidance or codes of practice published, given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self- regulatory or industry bodies or associations of financial service providers with which JRF is expected to comply, or any disclosure pursuant to any contractual or other commitment of JRF with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or relevant self-regulatory or industry bodies or associations, all of which may be within or outside Hong Kong and may be existing currently or in the future;
e.    any actual or proposed assignee, transferee or participant or sub-participant of JRF’s rights in respect of the data subjects;
f.    subject to JRF receiving data subject’s consent, JRF may provide and disclose personal data held by JRF to the following
persons:

i.    third party financial institutions, insurers, credit card companies, securities, commodities and investment services providers; and
ii.    external  service  providers  (including  but  not  limited  to  mailing  houses,  telecommunication  companies, telemarketing and direct sales agents, call centres, data processing companies and information technology companies) that JRF may engage for the purposes set out in paragraph 7(h) above, wherever situated.

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Such information collected in Hong Kong by JRF may be transferred to places outside Hong Kong in order to carry out the purposes, or directly related purposes, for which the personal data were collected.

DIRECT MARKETING

9.    JRF intends to use a data subject’s data to conduct direct marketing of products or services and requires the data subject’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

a.    the name, contact details, products and other service portfolio information, transaction pattern and behaviour, financial background and demographic data of a data subject held by JRF from time to time may be used by JRF in direct marketing;
b.    the classes of services, products and subjects which may be marketed includes credit/loan facilities and related financial services and products;
c.    the above services, products and subjects may be provided by JRF and/or third party financial institutions, insurers, securities and investment services providers;
d.    in addition to marketing the above services, products and subjects itself, JRF also intends to provide the data described in paragraph 9(a) above to all or any of the persons described in paragraph 9(c) above for use by them in marketing those services, products and subjects, and JRF requires the data subject’s written consent (which includes an indication of no objection) for that purpose; and
e.    JRF intends to receive money or other property or benefit in return for providing the data to the other persons in the manner described in paragraph 9(d).
 

If a data subject does not wish JRF to use or provide to the other person his or her data for use in direct marketing as described above, the data subject may exercise his/her opt-out right by notifying JRF by ticking the appropriate box(es) in the Application Form indicating such objection and/or contacting the Privacy Compliance Officer.

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10.    A data subject may, at any time and without charge, choose not to receive any direct marketing material or message from JRF by informing the Privacy Compliance Officer (whose contact details are set out below) in writing.

RETENTION OF PERSONAL DATA

11.    Personal data provided by data subjects are retained for as long as the purposes for which such data were collected continue. As a general rule the maximum retention period is 7 years.

ACCESS AND CORRECTION OF PERSONAL DATA

12.    Under 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:

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a.    to check whether JRF holds personal data about him/her and of access to such data;
b.    to require JRF to correct any personal data relating to him/her which is inaccurate;
c.    to ascertain JRF’s policies and practices in relation to personal data and to be informed of the kind of personal data held by JRF;
d.    to request to be informed which items of personal 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; and
e.    in relation to any account data (including without limitation, any account repayment data) which has been provided by JRF to a credit reference agency, to instruct JRF, upon termination of the account by full repayment, to make a request to the credit reference agency to delete such account data from its database, so long as the instruction is given within 5 years of termination of account and at no time was there any material default of payment in relation to the account as determined by JRF within 5 years immediately before account termination. 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 JRF to a credit reference agency), remaining available credit or outstanding balance and default data. Default data includes 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 over 60 days (if any).

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13.    In the event of any default of payment, unless the amount in default is fully repaid or written off (otherwise than due to a bankruptcy order) before the expiry of 60 days from the date such default occurred, the account repayment data (as defined in paragraph 12(e) above) may be retained by the credit reference agency until the expiry of 5 years from the date of final settlement of the amount in default.
14.    In the event any amount is written off due to a bankruptcy order being made against a customer, the account repayment data (as defined in paragraph 12(e) above) may be retained by the credit reference agency, regardless of whether the account repayment data reveals any default of payment lasting over 60 days, until 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 discharge from a bankruptcy as notified by the customer with evidence to the credit reference agency, whichever is earlier.
15.    In accordance with the terms of the Ordinance, JRF has the right to charge a reasonable fee for the processing of any data access request.
16.    To exercise any right of access and correction of personal data and to be informed of the kind of personal data held by JRF, please write to:

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Privacy Compliance Officer, Unit 16 Floor 22, North Tower, Concordia Plaza, 1 Science Museum Road, Tsimshatsui, Kowloon, Hong Kong Or email to info@joyrichfinance.com

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17.    Nothing in this Notification shall limit the rights of the data subjects under the Ordinance.
18.    In case of discrepancies between the English and Chinese versions, the English version shall prevail.
 

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