[Ebury HK] (“Ebury HK”)
Notice to Customers relating to the Personal Data (Privacy) Ordinance
This Notice provides information regarding the policies and practices of Ebury HK in relation to its Services and to the personal and other data of its Customers.
Where capitalised, terms have the same definitions as they have under the Terms and Conditions of Ebury.
Definitions used in this Notice:
“personal data” shall have the meaning given to it in the Personal Data (Privacy) Ordinance (Cap. 486; the “Ordinance”) but shall include any data relating directly or indirectly to a Customer from which the identity of the Customer can be ascertained and in a form in which access to or processing of the data is practicable.
1. From time to time, it is necessary for Customers to provide Ebury HK with their personal data to make use of Ebury HK’s various currency exchange and related services, including without limitation buying and selling of foreign currencies and making or receiving of cross-border payments, purchase and sale of wires in Foreign Currency, Limit Orders, and Forward Contracts (the “Services”), as well as Ebury HK’s Online Systems. Personal data may also be collected from third parties in the ordinary course of the operation the Services and for the purposes of a Customer’s business relationship with Ebury HK.
2. Failure to supply such data may result in Ebury HK being unable to provide the Services to Customers.
3. The purposes for which personal data of Customers may be used by Ebury HK are divided into obligatory purposes and voluntary purposes. If personal data are provided for an obligatory purpose, the relevant Customer MUST provide his/her personal to Ebury HK if he/she wants to access the Online System and Ebury HK to provide the Services. Failure to supply such personal data will result in the Customer being unable to access the Online System and use any Services.
4. Where personal data are only to be used for a voluntary purpose, the relevant Customer can tell Ebury HK not to use his/her personal data for that purpose and Ebury HK will not do so.
5. The purposes for which it is obligatory for the Customers to provide their personal data are as follows:
a. To register a Customer for the Online System and being able to access the Services.
b. The operation of the Online System and the provision by Ebury HK of Services, including without limitation buying and selling of foreign currencies and making or receiving of cross-border payments, purchase and sale of wires in Foreign Currency, Limit Orders, and Forward Contracts.
c. Where personal data may need to be shared for the purposes of protecting the confidentiality or security of Customer records, the services or products Ebury HK offers, or transactions Ebury HK processes or handles.
d. To use the personal data to protect against, or prevent, actual or potential fraud, identity theft, unauthorised transactions, claims or other liability, as well as for resolving Customer disputes, inquiries or checking credit.
e. To comply with any obligations, requirements, policies, procedures, measures or arrangements for disclosing and using personal data that apply to Ebury HK pursuant to:
i. any present or future law binding on or applying to it; or
ii. any guidelines or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, existing currently or in the future.
f. Purposes directly relating to the purposes listed above.
g. [Deacons: Please insert any other obligatory purposes of use of personal data Ebury HK considers necessary for the operation of its business in Hong Kong.]
Ebury HK may carry out “matching procedures” (as such expression is defined under the Ordinance) in respect of all or any of such purposes.
6. Personal data held by Ebury HK relating to a Customer will be kept confidential but Ebury HK may provide such information to the following parties for the purposes set out in paragraph 5:-
a. [any company in the Ebury group of companies;]
b. [any other person under a duty of confidentiality to Ebury HK which has undertaken to keep such information confidential;]
c. [brokers in relation to the Services;]
d. [Deacons: Please insert any other person with whom Ebury HK may share the personal data of its Customers.]
Ebury HK may disclose data to any or all the parties stated above and may do so notwithstanding that the recipient’s place of business is outside Hong Kong, including Mainland China, or that such information following disclosure will be collected, held, processed or used by such recipient in whole or part outside Hong Kong.
7. Ebury HK wishes to use personal data of Customers for direct marketing in the manner provided in this paragraph – Ebury HK’s use of personal data for direct marketing is a voluntary purpose only. Ebury HK must obtain the Customer’s written consent (which can include an indication of no objection) if it is to use the personal data for this purpose. Ebury HK may not use a Customer’s personal data for direct marketing unless it has received written consent from the Customer.
In this connection:
a. the name, contact details (such as phone number, email address or home address) of a Customer held by Ebury HK from time to time may be used by Ebury HK for direct marketing;
b. any Services may be marketed;
c. any Ebury HK related events, news, programs, courses, projects, or products may also be marketed; and
d. Ebury HK may also, from time to time, engage third parties to provide marketing services on its behalf, and may share personal data described in paragraph 7(a) above with these third parties for such purposes.[A1]
[Deacons: Consider also whether Ebury HK wishes to disclose personal data to third parties for their own marketing purposes. If so, additional specific consent will be required. This draft Notice only contemplates that Ebury HK will use personal data for its own marketing purposes and no one else. Another member of the Ebury Group would be considered to be a third party and specific additional consent would be needed.]
8. To indicate consent / no consent to the use / provision of his/her personal data for direct marketing, a Customer must indicate that he/she opts-out of direct marketing by [ticking the relevant box below[A2]]. [Deacons: The mechanics of this consent to be confirmed.]
9. If a Customer does not want Ebury HK to use his/her data or provide his/her data to other persons for use in direct marketing as described above, he/she may make the relevant changes in [the account management section of the Online System] or notify Ebury HK of the same at any other time.
10. Failure to indicate whether the Customer wants to receive direct marketing will mean that Ebury HK shall not be permitted to use personal data for direct marketing.
11. Under and in accordance with the terms of the Ordinance, any individual has the right:
a. to check whether Ebury HK holds data about him/her and to have access to such data;
b. to require Ebury HK to correct any data relating to him/her which are inaccurate; and
c. to ascertain Ebury HK’s policies and practices in relation to personal data and to be informed of the kind of personal data held by Ebury HK.
12. In accordance with the provisions of the Ordinance, Ebury HK has the right to charge a reasonable fee for the processing of any data access or correction request.
13. The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is as follows:
14. Nothing in this Notice shall limit the rights of Customer under the Ordinance.