Notice Relating to the Personal Data (Privacy) Ordinance

  1. Mitsubishi HC Capital (Hong Kong) Limited ("MHC") may require its customers and related obligors (including guarantors, sureties and security providers) (each a "Data Subject") to provide personal data in connection with the proposed or actual transactions between MHC and the relevant Data Subject. Failure to provide such data may result in MHC unable to enter into or continue with such transactions.
  2. Each Data Subject agrees that MHC shall be entitled at its discretion to collect, use or disclose his personal data in accordance with this notice, and store the Data Subject’s personal data locally or overseas, including in the cloud
  3. The purposes for which personal data relating to the Data Subject may be collected or used are as follows:
    1. the implementation of the relevant transaction with the Data Subject;
    2. conducting credit checks on the Data Subject;
    3. direct marketing of services or products to the Data Subject;
    4. the enforcement of the Data Subject's obligations, including without limitation, the collection of amounts outstanding from the Data Subject;
    5. compliance with the applicable laws and regulations binding on MHC or any of its group members; and
    6. any other purpose relating to any of the foregoing purposes.
  4. Data held by MHC relating to the Data Subject will be kept confidential but MHC may provide such data locally or overseas to the following parties for the purposes set out in paragraph 3 above:
    1. any agent, contractor or third party service provider who provides administrative, telecommunication, computer, payment or other services to MHC in connection with the operation of its business;
    2. any group member of MHC;
    3. any other person under a duty of confidentiality to MHC including a group member of MHC which has undertaken to keep such data confidential;
    4. any financial institution with which the Data Subject has or propose to have dealings;
    5. any actual or proposed transferee of the business of MHC; and
    6. any person to whom MHC is under an obligation to make disclosure under the requirements of any law and regulations binding on MHC or any of its group members.
  5. The Data Subject has been informed that:
    1. the personal data of the Data Subject may be provided to a credit reference agencies ("CRA") and, in the event of default, debt collection agencies ("DCA");
    2. the Data Subject has the right to be informed, upon request, about which items of data are routinely disclosed to the CRA or DCA, and to be provided with further information to enable the making of a data access and correction request to the relevant CRA or DCA, as the case may be;
    3. in the event of any default in repayment, 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 Data Subject shall be liable to have his account repayment data retained by the CRA until the expiry of 5 years from the date of final settlement of the amount in default;
    4. in the event of any amount being written off due to a bankruptcy order being made against the Data Subject, he shall be liable to have his account repayment data retained by the CRA, regardless of whether the account repayment data reveal any material default, 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 the Data Subject's discharge from bankruptcy as notified to the CRA by such Data Subject with evidence;
    5. where the personal data is collected in relation to a mortgage loan, MHC may provide to the CRA mortgage account general data relating to the Data Subject (including the name of the Data Subject, capacity of the Data Subject (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 (e.g. active, closed, write off, etc.) and account closed date, and such mortgage account general data will be so supplied to the CRA for generating the mortgage count of the Data Subject, for sharing in the consumer credit database of the CRA by credit providers;
    6. the Data Subject, upon termination of the account by full repayment and on condition that there has not been, within 5 years immediately before account termination, any material default on the account, will have the right to instruct MHC to make a request to the CRA to delete from its database any account data relating to the terminated account; and
    7. under the Ordinance and related Code of Conduct, the Data Subject has the right to: (i) check whether MHC holds data about the Data Subject and shall have access to such data; (ii) require MHC to correct any data relating to the Data Subject  which is inaccurate; (iii) to ascertain MHC's policies and practices in relation to data; and (iv) be informed of the kind of personal data held by MHC about the Data Subject and to be informed of the main purposes for which personal data held by MHC are or are to be used. By virtue of the Ordinance, MHC has the right to charge a reasonable fee for processing of any data access request.
  6. MHC may consider a credit report on the Data Subject in connection with the relevant transaction and the Data Subject may require access to such credit report.
  7. MHC retains personal data in line with applicable legal and regulatory obligations and for business and operational purposes. In the majority of cases, this will be for 7 years from the end of Data Subject’s relationship with MHC.
  8. Any request and queries relating to: (a) access to data or credit report; (b) correction of data; (c) MHC's policies and practices on data and the kinds of data held; or (d) other aspects of this notice may be addressed to MHC as follows:
  • Data Protection Officer
  • Mitsubishi HC Capital (Hong Kong) Limited
  • 16th Floor, Wai Fung Plaza, 664 Nathan Road, Kowloon, Hong Kong
  • Tel: 2398 4512 Fax: 2789 9173 Email: privacy@mitsubishi-hc-capital.com.hk

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