Privacy Ordinance

NOTICE RELATING TO THE PERSONAL DATA (PRIVACY) ORDINANCE (“ORDINANCE”)

Top Vast Finance Limited (“Top Vast”) values your trust. Top Vast 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 Notice is intended to assist you in understanding Top Vast’s collection of personal data and how that data is used and your rights in relation to that data.

  1. Top Vast Finance Limited (“Top Vast”) is committed to protecting the privacy, confidentiality and security of the personal information held by Top Vast and complying with the requirements of Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong) (the “Ordinance”) with respect to the management of personal information. Top Vast are equally committed to use best endeavors in ensuring that all employees and agents of Top Vast uphold these obligations.
  2. From time to time, it may be necessary for you to supply Top Vast with data in connection with the opening or continuation of accounts, the establishment or continuation of credit facilities (“Facilities”) or provision of financial services (“Services”) or compliance with any laws, guidelines or requests issued by regulatory or other authorities.
  3. Failure to supply such data may result in Top Vast being unable to open or continue the account or establish or continue the Facilities or provide the Services.
  4. Data is and will be collected from you in the ordinary course of your relationship with Top Vast through the following channels:
    • directly from you, for example, opening or continuation of accounts, the establishment or continuation of Facilities or provision of Services;
    • when you issue a cheque or make a deposit;
    • when you call Top Vast, visit the website of Top Vast, using the mobile application or service of Top Vast, viewing the online commercials of Top Vast (some of the information will be collected through the use of cookies), or contact Top Vast by other means of communication;
    • consolidating and analyzing all the information obtained by Top Vast;
    • publicly available information, such as records at the land registry.
  5. The purposes for which data relating to you may be used (whether before or after the termination of your relationship with Top Vast and whether or not Facilities or Services are provided to you) are as follows :-
    • Processing of applications for, and daily operation of, the Facilities and Services provided to you or to other persons for whom you act as guarantor or for whom you provide third party security;
    • conducting credit checks;
    • assisting other financial institutions to conduct credit checks and collect debts;
    • ensuring your ongoing credit worthiness;
    • providing benefits, services or information to you through service providers/strategic partners of Top Vast;
    • designing financial services for related products for your use;
    • marketing financial services;
    • conducting survey on the Top Vast’s product and service qualities;
    • determining the amount of indebtedness owed to or by you;
    • collection of amounts outstanding from you and those providing security for your obligations;
    • meeting the requirements to make disclosure under the requirements of any law, rule, regulation, order, ruling, judicial interpretation or directive (whether or not having the force of law) applicable to Top Vast, its agents and/or affiliates (whether in Hong Kong or elsewhere) from time to time, including without limitation, the requirements, codes, guidelines, policies, customs, practices, recommendations or request (whether or not mandatory) of any Regulator;
    • enabling an actual or proposed assignee of Top Vast or participant or sub-participant of Top Vast’s rights in respect of a customer to evaluate the transaction intended to be in the subject of the assignment, participation or sub-participation;
    • conducting matching procedures (as defined and as permitted in the Ordinance), comparing your data or data of other persons for credit checking, data verification or otherwise producing or verifying data;
    • conducting consumer credit scoring or preparing statistics or carrying out research;
    • maintaining your credit history (whether or not there exists any relationship between you and Top Vast or recipient of the data) for present and future reference;
    • any other purpose permitted by law; and
    • purposes relating thereto.
  6. Data held by Top Vast relating to you will be kept confidential but Top Vast may, at its sole discretion, provide such information to the following parties for the purposes set out in the above sub-clause:
    • any agent, contractor or third party service provider (whether in Hong Kong or elsewhere) who provides administrative, telecommunications, computer, payment, debt collection or securities clearing or other services to Top Vast in connection with the operation of its business;
    • any of the branches, subsidiaries, holding companies, associated companies controlled by or under common control with Top Vast, whether in Hong Kong or elsewhere; regulators, lawyers and auditors;
    • any other person under a duty of confidentiality to Top Vast, including any group company of Top Vast who has undertaken to keep such information confidential;
    • credit reference agencies, and, in the event of default, debt collection agencies;
    • any financial institution and credit card issuing company with which you have or propose to have dealings;
    • any fund house, insurance company or strategic partner of Top Vast;
    • any party, agency and/or vendor giving or proposing to give a guarantee or third party security to guarantee or secure any or all of your Indebtedness;
    • any person who has established or proposes to establish any business relationship with Top Vast;
    • any person to whom Top Vast is under an obligation to make disclosure under the requirements of any law binding on Top Vast or any of its branches;
    • any actual or proposed assignee of Top Vast or participant or sub-participant or transferee of the Top Vast’s rights in respect of a customer; and
    • any person in accordance with any law, rule, regulation, order, ruling, judicial interpretation or directive (whether or not having the force of law) applicable to Top Vast, its agents and/or affiliates (whether in Hong Kong or elsewhere) from time to time, including without limitation, the requirements, codes, guidelines, policies, customs, practices, recommendations or requests (whether or not mandatory) of any Regulator binding on Top Vast or any of its branches.
  7. Data may be transferred overseas to the extent permitted by the Ordinance.
  8. The information disclosed pursuant to this notice may be subject to further disclosure by the recipient to other parties in accordance with the laws of the country in which the recipient is located.
    • Where Top Vast grants any credit facilities to you or to another person for whom you act as guarantor, you give consent that your consumer credit data may be supplied to a credit reference agency, or in the event of default, to a debit collection agency. In the event that you or the borrower default(s) in repayment for a period exceeding 60 days, your account data may be retained by the relevant credit reference agency for up to 5 years from the date of final settlement of the amount in default as permitted by the Code of Practice on Consumer Credit Data (“Code”). Further, in the event of amount being written off due to a bankruptcy order being made against you, you shall be liable to have your account repayment data retained by the relevant credit reference agency, regardless of whether the account repayment data reveal any default(s) in repayment for a period exceeding 60 days, until the earlier of 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 your discharge from bankruptcy as notified to the relevant credit reference agency by you with evidence.
    • You have the right, once the loan account is terminated by full repayment, to instruct Top Vast to request the relevant credit reference agency to delete from its database any account data relating to the terminated account, provided that there has not been, within 5 years immediately before account termination, any default in payment on the account for a period exceeding 60 days.
    • For the purposes of this notice, “account data” may include account general data (e.g. general particulars of the account such as account opening date, repayment terms, whether you were a borrower or guarantor, approved loan amount etc) and account repayment data (such as the amount repaid, outstanding balance of the loan, default data including the amount and number of days past due).
  9. Top Vast may from time to time access and obtain from credit reference agencies data relating to you for the purposes permitted by the Code. Besides, the following mortgage account general data of your goodself and your account will be supplied to the relevant credit reference agency for generating the mortgage count for sharing in the consumer credit database of the relevant credit reference agency by credit providers :
    • name of the individual
    • capacity of the individual (i.e. whether as borrower, mortgagor or guarantor);
    • Hong Kong Identity Card Number or travel document number;
    • date of birth;
    • address;
    • account number;
    • type of the facility;
    • account status (active, closed, write-off, etc); and
    • account closed date.
  10. Under and in accordance with the terms of the Ordinance and the Code, any individual has the right:
    • to check whether Top Vast holds data about him and his right of access to such data;
    • to require Top Vast to correct any data relating to him which is inaccurate;
    • to ascertain Top Vast’s policies and practices in relation to data and to be informed of the kind of personal data held by Top Vast; and
    • in relation to consumer credit, to request to be informed which items of data are routinely disclosed to credit reference agencies and/or debt collection agencies, and to 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 as the case may be.
  11. In accordance with the terms of the Ordinance, Top Vast has the right to charge a reasonable fee for the processing of a data access request.
  12. Requests for access to data or correction of data or for information regarding policies and practices and kinds of data held should be addressed to :-
    Funki Finance Limited
    Room 1807, 18/F,
    West Tower, Shun Tak Centre,
    168-200 Connaught Road Central,
    Sheung Wan,
    Hong Kong.
    Tel : (852) 3955 7100
    Fax : (852) 2330 0999
  13. Nothing in this notice shall limit your rights under the Ordinance. In case of discrepancy between the English and Chinese versions of this notice, the English version shall prevail.