The following terms apply to any access to the Site to open a business account, or to access products and services in Hong Kong, and in all cases where the Personal Data (Privacy) Ordinance applies.
By using this Site, you agree, on behalf of the entity for whom you’re accessing the Site (the ‘Applicant’), with The Hongkong and Shanghai Banking Corporation Limited (the ‘Bank’ or ‘we’) and its respective subsidiaries and affiliates that the Site Terms and Conditions and the terms in this Privacy Notice are binding and may be enforced by the Bank or any member of the HSBC Group. Reference to ‘you’ shall mean the Applicant or account holder, or, if applicable, any individual authorised by the Applicant or account holder to give instructions relating to a Service.
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Interpretation - Unless otherwise defined, capitalised terms used in this Privacy Notice shall have the same meaning as in the Site Terms and Conditions.
- ‘Connected Person’ means a person or entity (other than you) whose information (including Personal Data or Tax Information) is provided by you, or on your behalf, to any member of the HSBC Group, or which is otherwise received by any member of the HSBC Group in connection with the provision of Services. A Connected Person may include any guarantor, director or officer of a company, partners or members of a partnership, any ‘substantial owner’, ‘controlling person’, or beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, payee of a designated payment, your representative, agent or nominee, or any other persons or entities with whom you have a relationship that’s relevant to your relationship with the HSBC Group.
- ‘Controlling Persons’ means individuals who exercise control over an entity. For a trust, these are the settlor, the trustees, the protector, the beneficiaries or class of beneficiaries, and anybody else who exercises ultimate effective control over the trust. For entities other than a trust, these are persons in equivalent or similar positions of control.
- ‘Notice’ means the Notice relating to the Personal Data (Privacy) Ordinance that applies to you and other individuals, a link to which is provided in Appendix I.
- ‘Personal Data’ means any information relating to an individual from which the individual can be identified, including biometric data (such as your voice ID, thumb print and facial recognition data).
- ‘Personal Data (Privacy) Ordinance’ means the Personal Data (Privacy) Ordinance (Cap 486, the Laws of Hong Kong) as amended and supplemented from time to time.
- ‘Services’ includes (a) the opening, maintaining and closing of your accounts, (b) the provision of credit facilities and other banking products and services, processing applications, credit and eligibility assessments, and (c) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, audit and administrative purposes.
- ‘Tax Information’ means documentation or information about your tax status or the tax status of a Connected Person.
- ‘Your Information’ means any or all of the following information relating to you or a Connected Person, where applicable: (a) Personal Data, (b) account information, information about transactions, use of our products and services; (c) relationship information with the HSBC Group and (d) Tax Information.
Reference to the singular includes the plural (and vice versa).
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Use of data - We and members of the HSBC Group may use, transfer and disclose Your Information (i) in connection with the purposes set out in the applicable account terms and conditions (applicable to Your Information other than Personal Data), (ii) as set out in the Notice (applicable to Personal Data), (iii) for verifying your identity and (iv) in connection with matching against any data held by us or the HSBC Group for the purposes as set out in (i), (ii) and (iii) (whether or not with a view to taking any adverse action against you)
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Sharing of data - We may (as necessary and appropriate for the Purposes) transfer and disclose any of Your Information to the recipients set out in the Notice (who may also use, transfer and disclose such information for the Purposes) and the applicable account terms and conditions (applicable to Your Information other than Personal Data).
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Customer acknowledgments - You confirm that every Connected Person whose information (including Personal Data or Tax Information) has been (or will be) provided to us or a member of the HSBC Group has (or will at the relevant time, have) been notified of and agreed to the processing, disclosure and transfer of their information as set out in the applicable account terms and conditions, the Site terms and Conditions and the Notice (as may be amended or supplemented by us from time to time). You shall advise any such Connected Persons that they have rights of access to, and correction of, their Personal Data.
- You consent and shall take such steps as are required from time to time for the purposes of any applicable data protection law or secrecy law to permit us to use, store, disclose, process and transfer Your Information in the manner described in the applicable account terms and conditions, the Site’s Terms and Conditions and this Privacy Notice. You agree to inform us promptly in writing if you’re not able or have failed to comply with the obligations set out in this clause, in any respect.