1. The Personal Data (Privacy) Ordinance (the “Ordinance“) governs the collection, holding, processing and use of your personal data and other information that (1) AGBA Group Holding Limited and its subsidiaries and associated companies (as defined under the Companies Ordinance, Cap. 622), including but not limited to OnePlatform Wealth Management Limited(1), OnePlatform Asset Management Limited(2), OnePlatform Credit Limited(3) and OnePlatform International Property Limited(4) (collectively “AGBA Group“)(5) and (2) HCMPS Healthcare Holdings Limited(6) and its subsidiaries and associated companies (as defined under the Companies Ordinance, Cap. 622) (collectively, “HCMPS“) (AGBA Group and HCMPS collectively “we“, “us“, “our“, “ours“, the “Businesses“) may collect from you from time to time (the “Data“). Further information is set out in our Privacy Policy Statement located at: https://www.agba.com/privacy-policy. This Notice sets out the basis upon which we collect, hold, process and use the Data.
2. For the purpose of this Notice, “Data” means any data (i) relating directly or indirectly to a living individual, (ii) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (iii) in a form in which access to or processing of the data is practicable; save that the expression excludes your medical records and history.
3. HCMPS may collect your medical records and history, which include records containing information relating the physical and/or mental health of an individual (“Medical Records”) in the ordinary course of its business, which is not shared by HCMPS with AGBA Group unless express consent is received from you for doing so. Please refer to HCMPS’s “Personal Information Collection Statement” for details on its policy and practices on the protection of Medical Records.
4. If you do not provide your Data to us, we may be unable to process the application for the product(s) and/or service(s) you are applying for, or continue to provide you with our product(s) and service(s).
5. Any “member of the Businesses” means any of the Businesses, as well as any of their respective subsidiaries, associated companies, branches and offices.
Purpose
6. You agree that your Data may be used for the following purposes, to the extent applicable, which will depend largely on the type(s) of service(s) you have engaged us for and the entity(ies) that you have engaged:
a) processing your applications for our products and services, and providing you with our products and services;
b) conducting client due diligence, anti-money laundering, fraud detection and transaction monitoring procedures, including verifying and assessing any information and records relating to you;
c) managing, operating and maintaining your account(s) with us;
d) conducting credit checks on you, and assisting other financial institutions to conduct credit checks on you;
e) ensuring your ongoing credit worthiness;
f) handling your inquiries and complaints;
g) communicating with you;
h) determining the amounts owed by you to us;
i) enforcing our contractual rights against you;
j) designing, maintaining, supporting and enhancing our products and services;
k) marketing services, products and other subjects;
l) conducting analysis, research and profiling to better understand your needs, behaviours, preferences, interests, experiences and habits;
m) detecting, preventing and investing crime, and safeguarding public interest;
n) meeting our obligations, requirements or arrangements, whether compulsory or voluntary, to comply with or in connection with any applicable law or regulation, judgment, court order, sanctions regime, demand or request from any legal, regulatory, governmental or other authorities;
o) enabling actual or proposed assignee(s) of all or any part of our business and/or assets, or participant(s) or sub-participant(s) of our rights in respect of you to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation and enabling the actual assignee(s) to use your Data in the operation of the business or rights assigned;
p) (as it relates to the Securities and Futures Commission’s (“SFC”) Hong Kong investor identification and over-the-counter securities transactions reporting regimes) providing services to you in relation to the securities listed or traded on the Stock Exchange of Hong Kong (“SEHK”) and for complying with the rules and requirements of SEHK and the SFC in effect from time to time, including:
(i) disclosing and transferring your Data (including CID and BCAN(s)) to SEHK and/or the SFC in accordance with the rules and requirements of SEHK and the SFC in effect from time to time;
(ii) allowing SEHK to:
(A) collect, store, process and use your Data (including CID and BCAN(s)) for market surveillance and monitoring purposes and enforcement of the Rules of the Exchange of SEHK;
(B) disclose and transfer such information to the relevant regulators and law enforcement agencies in Hong Kong (including, but not limited to, the SFC) so as to facilitate the performance of their statutory functions with respect to the Hong Kong financial markets; and
(C) use such information for conducting analysis for the purposes of market oversight;
(iii) allowing the SFC to:
(A) collect, store, process and use your Data (including CID and BCAN(s)) for the performance of its statutory functions including monitoring, surveillance and enforcement functions with respect to the Hong Kong financial markets; and
(B) disclose and transfer such information to relevant regulators and law enforcement agencies in Hong Kong in accordance with applicable laws or regulatory requirement, and for the purpose of this paragraph p), “BCAN” and “CID” have the meanings given to them in paragraphs 5.6(b)(ii) and 5.6(b)(iv) respectively of the SFC’s Code of Conduct for Persons Licensed by or Registered with the SFC; and
q) any other purposes relating to or incidental to the purposes listed above.
Transfer
7. Data will be kept confidential by us, but we may transfer or disclose your Data amongst the different members of the Business and/or to the following parties, whether within or outside Hong Kong, for the purposes set out above. We may provide your personal data to such transferees for gain:
a) any financial institution for the purposes of credit checks, compliance with sanctions, anti-money laundering related checks, fraud prevention and detection of crime;
b) any party that enters into or proposes to enter into a transaction for and on your behalf, or which you have or propose to have dealings with;
c) any party giving or proposing to give a guarantee or third-party security to guarantee or secure your obligations;
d) credit reference agencies;
e) any agents, contractors, subcontractors, or service providers (including but not limited to other brokers, whether in Hong Kong or other jurisdictions) who provide services to us or any member of the Businesses in connection with the operation or maintenance or marketing of our business;
f) any person under a duty of confidentiality to us or any member of the Businesses which has undertaken to keep such information confidential;
g) any actual or proposed assignee of ours or participant or sub-participant, transferee, delegate, successor or party as stated in the Privacy Policy Statement of our rights in respect of you;
h) any exchanges, clearing houses, local or foreign legal, regulatory, governmental, tax, law enforcement agencies or regulatory bodies or other authorities, or self-regulatory or industry bodies or associations of financials services providers for compliance with the obligations, requirements or arrangements according to any present or future contractual or other commitment that is assumed by or imposed on us or any member of the Businesses by reason of our financial, commercial, business or other interests or activities in or related to the jurisdiction of the relevant exchanges, clearing houses, local or foreign legal, regulatory, governmental, tax, law enforcement or other authority, or self-regulatory or industry bodies or associations;
i) any authorities, law enforcement agencies or regulatory bodies for compliance with applicable laws, rules, regulations, codes and guidelines; or any person or entity to whom we or any member of the Businesses are under a binding obligation (or which we are otherwise expected to comply with) to satisfy a demand for disclosure under the requirements of any law, rule, regulation, code or guideline;
j) in the event of default, debt collection agencies; and
k) our business partners for the purpose set out in paragraph 5k).
8. With respect to data in connection with mortgages applied by you (if applicable, and whether as a borrower, mortgagor or guarantor and whether in your sole name or in joint names with others) on or after 1 April 2011, the following Data relating to you (including any updated Data of any of the following Data from time to time) may be provided by AGBA Group, on their own behalf and/or as agent, to a credit reference agency:
a) full name;
b) capacity in respect of each mortgage (as borrower, mortgagor or guarantor, and whether in your sole name or in joint names with others);
c) identity card number or travel document number;
d) date of birth;
e) correspondence address;
f) mortgage account number in respect of each mortgage;
g) type of the facility in respect of each mortgage;
h) mortgage account status in respect of each mortgage (e.g. active, closed, write-off); and
i) if any, mortgage account closed date in respect of each mortgage.
The credit reference agency will use the above data supplied by AGBA Group for the purposes of compiling a count of the number of mortgages from time to time held by you with credit providers in Hong Kong, as borrower, mortgagor or guarantor respectively and whether in your sole name or in joint names with others, for sharing in the consumer credit database of the credit reference agency by credit providers (subject to the requirements of the Code of Practice on Consumer Credit Data approved and issued under the Ordinance).
9. AGBA Group may from time to time access consumer credit data (except mortgage count) held by the credit reference agency in the course of:
a) considering consumer credit facility application(s) ; and
b) reviewing and renewing any credit facility granted or to be granted.
10. AGBA Group may from time to time access the mortgage count held by the credit reference agency in the course of:
a) considering consumer credity facility application(s); and
b) reviewing and renewing any credit facility granted or to be granted,
in each case where such facility (other than a mortgage loan) is in an amount not less than such level or to be determined by a mechanism as prescribed or approved by the Privacy Commissioner for Personal Data from time to time.
Direct Marketing
11. your name, address, email address, fax and telephone number for direct marketing purposes, but we will not use that Data unless we have received your consent (which includes an indication of no objection).
12. Your Data may be used to market our own and/or our business partner’s products and services to you.
13. The following classes of products, services and subjects may be marketed:
a) payment, financial, insurance, banking and other related products and services;
b) health, beauty and other related products and services;
c) reward, loyalty, co-branding or privileges programmes and related products and services;
d) financial, insurance, or banking products and services offered by our business partners;
e) health, beauty and other related products and services offered by our business partners; and
f) donations and contributions for charitable and/or non-profit making purposes.
14. The above products, services and subjects may be provided by or (in the case of donations and contributions) solicited by us and/or:
a) any member of the Business or any agent or contractor engaged by the Business;
b) marketing or research services providers of ours or any member of the Business;
c) business partners of ours or any member of the Business (such as third-party financial institutions and third-party reward, loyalty, co-branding or privileges programme providers); and
d) charitable or non-profit making organisations.
15. In addition to marketing the above products, services and subjects ourselves, we may provide the Data described in paragraph 10 to all or any of the persons described in paragraph 13 for use by them in marketing those products, services and subjects, and we require your written consent (which includes an indication of no objection) for that purpose.
16. We may receive money or other property in return for providing your Data to the persons in paragraph 13 and, when requesting your consent or no objection, we will inform you if we will receive any money or other property in return for providing your Data to those persons.
17. Notwithstanding anything to the contrary, we will not use your medical records or medical history for direct marketing.
18. If you OBJECT to the proposed use of your Data for direct marketing, please contact us using the details set out in the Contact Details section.
19. At any time in the future, you may, if you wish to opt-out of our use of your Data for direct marketing purposes, inform our Data Protection Officer in writing.
Access and Rights
20. You have the right to:
a) check whether we hold your Data and to have access to that Data;
b) require us to correct any of your Data which is inaccurate;
c) ascertain our policies and practices in relation to your Data;
d) to be informed on request which items of Data are routinely disclosed by us 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, for the avoidance of doubt, any account repayment data) which has been provided by AGBA Group to a credit reference agency, to instruct AGBA Group, 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, as long as the instruction is given within five years of termination, and there was no default of payment in relation to the account lasting in excess of 60 days at any time within those five years. Account repayment data include 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 AGBA Group 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)).
21. 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 the expiry of five years from the date of final settlement of the amount in default.
22. In the event any amount in an account is written-off due to a bankruptcy order being made against you, the account repayment data may be retained by the credit reference agency, regardless of whether the account repayment data reveals any default of payment lasting in excess of 60 days, until the expiry of five years from the date of final settlement of the amount in default or the expiry of five years from the date of discharge from a bankruptcy as notified by you with evidence to the credit reference agency, whichever is earlier.
23. AGBA Group may have obtained a credit report on you from a credit reference agency in considering any application for credit. In the event you wish to access the credit report, AGBA Group will advise the contact details of the relevant credit reference agency.
24. We reserve the right to charge you a reasonable fee for complying with any request for access to your Data.
25. Nothing in this Notice shall limit your rights as a data subject under the Ordinance.
Contact Details
26. The person to whom requests for access to data or correction of data held by us, or for information regarding our data policies and practices and kinds of data held by us, are to be addressed to:
The Data Protection Officer
AGBA Tower
68 Johnston Road, Wan Chai, Hong Kong
Misc.
27. Despite any subsequent purported withdrawal of consent by you, your Data may continue to be stored, disclosed, transferred and otherwise processed for the purposes set out in this Notice, whether before or after such purported withdrawal of consent.
28. In the event of any discrepancy between the English and Chinese versions of this Notice, the English version shall apply and prevail.
29. We update this Notice as well as our Privacy Policy Statement (https://www.agba.com/privacy-policy) from time to time. We encourage you to familiarise yourself with this Notice and our Privacy Policy Statement on our website. By completing and progressing with the relevant form or procedure, you confirm that you have read and understood this Notice.
Version: February 2023
Notes:
(1) Insurance and MPF schemes brokerage services are provided by OnePlatform Wealth Management Limited ( respectively an Insurance Broker Company with HKIA Licence No. FB1452 and Principal Intermediary with MPF Registration No. IC000579);
(2) Fund products and portfolio management services are distributed and/or rendered by OnePlatform Asset Management Limited (a licensed corporation with SFC CE No. AFQ784);
(3) Money lender business (including mortgage) are provided by OnePlatform Credit Limited (Money Lenders Licence Number 1207/2022);
(4) Any estate agency business exclusively in relation to properties outside Hong Kong are provided by OnePlatform International Property Limited.
(5) Any other non-regulated products and/or services are provided by subsidiaries of AGBA Group Holding Limited.
(6) (a) Healthcare services, with professional consultations from real-time health monitoring to pathology analysis, are rendered by a strategic partner of AGBA Group Holding Limited, namely, HCMPS Healthcare Holdings Limited and its associated company (collectively “HCMPS”).
(b) Medical services, as well as healthcare services, are rendered by Kwai Fong Medical Centre Limited (trading as Kwai Fong Medical Centre) and Laguna City Medical & Dental Centre Limited (trading as Laguna City Medical Centre) and/or any other centre(s) from time to time under HCMPS.
