This Statement applies to the collection, use and handling of personal data by Nan Fung Loyalty Program Limited (“Nan Fung”) and Nan Fung’s holding companies, subsidiaries, affiliates and associated companies (collectively, the “Group” or “Group Members”).
The Group Members may collect, use and handle personal data of customers and potential customers in connection with services, products, facilities or privileges offered by the Group. These services, products, facilities or privileges may include the sale, purchase or leasing of property units and/or car parking spaces, the provision of mortgage loans, and privileges, activities or events offered or procured by the Group.
This Statement applies to you because you are (i) a purchaser or seller of property, (ii) a borrower, mortgagor or guarantor of a mortgage loan, or (iii) in relation to the leasing of property, a tenant or lessee, or an employee, agent or a representative of a corporate or other non-individual tenant or lessee, or a guarantor for the tenancy or lease, or (iv) a customer of any privilege, activity or event offered or procured by the Group. This Statement applies to the personal data provided by or for you to the Group or any Group Member and other personal data compiled by any Group Member about you from time to time (collectively, “Your Personal Data”). This Statement sets out the purposes for which Your Personal Data may be used and other matters relating to the Personal Data (Privacy) Ordinance, Cap. 486 of the Laws of Hong Kong.
The Group Members need Your Personal Data for providing to you or arranging for you services, products, facilities or privileges. If you refuse to supply the necessary personal data, the Group Members may be unable to serve you or to continue to serve you.
<h3>Use of Your Personal Data</h3>
1. The Group Members may use Your Personal Data for one or more of the following purposes from time to time:
<p style=”padding-left: 40px;”>(a) to process your application or request for services, products, facilities or privileges (including assessing and investigating your ability to perform your obligations and, where appropriate, your credit worthiness, financial status and repayment ability);
(b) to provide services, products, facilities or privileges to you, and handle the necessary arrangements and matters (including legal, administrative and other matters) for maintaining and managing such services, products, facilities or privileges;
(c) to verify your identity and accuracy of Your Personal Data;
(d) to appraise and review your ability to perform your obligations and, where appropriate, your credit worthiness, financial status and repayment ability from time to time;
(e) to calculate any amount payable by you or to you in connection with the relevant services, products, facilities or privileges;
(f) to collect or recover any amount or indebtedness owing by you in any capacity;
(g) to enforce the terms of any contract or arrangement between you and any Group Member and to take suitable action to protect or preserve the rights or benefits of any Group Member;
(h) to communicate with you and for overall relationship management and maintenance;
(i) investigate, handle and respond to any comments, messages, requests, enquiries, complaints or incidents made by you, made against you or involving you in any manner;
(j) to assist banks, financial institutions and credit providers from which you obtain or apply for credit facilities to conduct credit checks about you or collect debts owing by you;
(k) to design, arrange, provide or procure services, products, facilities, privileges, activities or events for you or for customers generally;
(l) to conduct survey, research and analysis to facilitate the provision of services, products, facilities, privileges, activities or events to you or to customers generally;
(m) to market and promote services, products and facilities of any Group Member or any business partner or selected company that has made any co-branding or cooperative arrangement with any Group Member (each, a “Group Partner”), please see further details in “Use of Your Personal Data in Direct Marketing” paragraph below;
(n) to comply with any obligations or requirements for using or disclosing personal data that are imposed on any Group Member by any law or regulations, or by any governmental agency, regulatory authority, law enforcement agency, court or judicial body, whether in or outside of Hong Kong existing currently or in the future;
(o) to comply with any policies and measures for using or disclosing personal data implemented by the Group for prevention or detection of money laundering, terrorist financing or other unlawful activities;
(p) to match or compare Your Personal Data held by any Group Member from time to time in order to or intending to produce or verify data which may be used for taking adverse action against you;
(q) (where any Group Member believes in good faith that use or disclosure of personal data is necessary) to protect the rights or properties of any Group Member, or to identify, contact or bring legal action against any person who may be causing damage to or interference with the rights or properties of any Group Member (whether intentionally or otherwise), or when any other person could be harmed by such activities;
(r) to enable actual or potential purchasers or assignees of any Group Member or its business and assets (or any part of them including any mortgage loans granted by the Group Member), in each case to evaluate the purchase or assignment in question; and
(s) to fulfill other purposes directly related to any of the above purposes.</p>
<h3>Disclosure and Transfer of Your Personal Data</h3>
2. The Group Members will keep Your Personal Data confidential but may disclose or transfer Your Personal Data to one or more of the following classes of persons from time to time for the purposes set out in paragraph l above:
<p style=”padding-left: 40px;”>(a) any Group Member in connection with the provision of services, products, facilities or privileges;
(b) where a Group Member provides a mortgage loan, any borrower, mortgagor or guarantor of that mortgage loan (including any co-borrower, co-mortgagor or co-guarantor, if applicable);
(c) any agents, sub-agents, suppliers, contractors, sub-contractors or service providers (including their employees, directors, officers, agents and service providers) who provide services or support to any Group Member in connection with the development, investment, sale or marketing of properties or with its business or operations in general. These services or support may include sales and marketing, data storage, data processing, data mapping, administrative, telecommunications, or computer services. These agents, sub-agents, suppliers, contractors, sub-contractors or service providers may or may not be Group Members;
(d) any bank, financial institution or credit provider from which you obtain or apply for credit facilities (which may include first equitable mortgagee or first mortgagee);
(e) any person to whom any Group Member is under any obligation or requirement to disclose personal data in compliance with law, regulation or court order, or in response to lawful request by any governmental agency, regulatory authority, law enforcement agency, court or judicial body, or in case any Group Member believes in good faith that disclosure is necessary for (including but not limited to) protection of its rights or properties, or to identify, contact or bring legal action against any person who may be causing damage to or interference with its rights or properties (whether intentionally or otherwise), or when any other person could be harmed by such activities;
(f) any person to whom any Group Member is required to disclose personal data by any policies and measures implemented by the Group for prevention or detection of money laundering, terrorist financing or other unlawful activities;
(g) any person who owes a duty of confidentiality to any Group Member, including accountants, auditors, legal advisers and other professional advisers;
(h) any independent contractor or agent appointed by any Group Member to conduct assessment and investigation of your ability to perform your obligations and, where appropriate, your credit worthiness, financial status, payment and repayment ability;
(i) any debt collection agency, where you default in paying any amount or indebtedness; and
(j) any actual or potential purchaser or assignee or successor of any Group Member or its business and assets (or any part of them including any mortgage loans granted by the Group Member).</p>
3. Your Personal Data may be transferred in or out of Hong Kong to any of the above- mentioned persons.
<h3>Use of Your Personal Data in Direct Marketing</h3>
4. The Group intends to use Your Personal Data in direct marketing and the Group requires your consent for this purpose. Please note the following:
(a) Types of personal data to be used
<p style=”padding-left: 40px;”>The Group may use the following types of Your Personal Data that is held by the Group from time to time in direct marketing:</p>
<p style=”padding-left: 40px;”>• your name, address, telephone number, email address and other contact information;
• pattern and behaviour relating to your use, purchase or consumption of services, products and facilities (including services and products portfolio information and spending habits); and
• your demographic data.</p>
(b) Classes of services, products and subjects to be marketed
<p style=”padding-left: 40px;”>The Group may market one or more of the following classes of services, products and subjects:</p>
<p style=”padding-left: 40px;”>• real estate properties or property developments offered for sale and/or leasing by any Group Member singly or jointly with any other developer or person from time to time;
• mortgage loan and other credit facilities;
• consumer goods and services, including medical and pharmaceutical services and products, healthcare, fine dining, clothing and apparel, fashion and accessories, footwear, culture, lifestyle and leisure products, amenities and entertainment, travelling series, sports goods, toys and children goods, beauty and personal care, dental, groceries, supermarkets, delicatessen and convenient stores, books and magazines, home furnishing, electrical appliances, audio and video products, optical products, jewellery, watches and other luxurious goods;
• joint promotional discounts or activities with tenants or licensees of the Group;
• hotel, conferencing facilities and services, restaurants, food and beverages, pharmaceutical services and products, amenities and entertainment; and
• life sciences, corporate social responsibility activities, charitable and non-profit making activities and related activities or events.</p>
(c) Providers of services, products and subjects to be marketed
<p style=”padding-left: 40px;”>The above services, products and subjects may be provided by one or more of the following classes of persons:</p>
<p style=”padding-left: 40px;”>• Group Members; and
• Group Partners (and the names of these Group Partners can be found in the application form or information leaflet relating to the relevant services, products and subjects). Group Partners may include real estate developers, financial institutions, retail merchants, suppliers, service providers, charitable bodies and non-profit making organizations.</p>
<h3>Data Access and Correction Requests and Choice relating to Direct Marketing</h3>
5. You have the right to request access to and correction of Your Personal Data in accordance with the Personal Data (Privacy) Ordinance. In response, you may be asked to provide certain details about yourself so as to ensure you are the person to whom the data refers. There will be a reasonable charge for a data access request to reimburse the relevant Group Member’s administrative costs and disbursements. You will be informed in advance of the charge.
6. Where a Group Member provides you with a mortgage loan, you have the right to be informed on request about the items of Your Personal Data that the Group Member may routinely disclose to its debt collection agency(ies) and be provided with further information to enable you to make data access request and/or data correction request to the debt collection agency(ies) to whom the Group Member discloses Your Personal Data.
7. You have the right to withdraw or give consent for use of Your Personal Data in direct marketing from time to time.
8. Please send your data access and data correction requests or choice relating to direct marketing to the attention of “Privacy Data Officer” either by post (to 23rd Floor, Nan Fung Tower, 88 Connaught Road Central, Central, Hong Kong) or by email (to privacy@nanfung.com).
In case of discrepancies between the English and Chinese versions of this Statement, the English version shall apply and prevail.
Last updated: April 2021
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