National Australia Bank Group ("NAB") is an international financial services group that provides a comprehensive and integrated range of financial products and services. Our businesses are located in Australia, New Zealand, New York, United Kingdom, Hong Kong Special Administrative Region ("Hong Kong"), Singapore and Japan. We also have a representative office in China.
This notice applies to your dealings as a customer with NAB in Hong Kong. We recommend you read and understand the provisions in this notification and the terms and conditions for NAB's financial products with you which may also contain terms and conditions relating to our collection, use and handling of your information.
The confidentiality and privacy of your information is important to us. With respect to the collection, use and handling of your personal information or personal data (collectively "Personal Data"), we comply with:
Prior to the collection of Personal Data from you, we are required under the PDPO, the Code of Banking Practice and the Code of Practice on Consumer Credit Data to disclose information to you about the collection, use and handling of your Personal Data.
We and/or our officers, employees, contractors and agents collect information to assist us in our relationship with you. The information is collected from you, from the transactions performed on your behalf and/or from other persons and organisations. If you do not provide the information we need we may not be able to provide you with the product or service you have requested. We may also be required by law to collect information from or about you for certain purposes (for example, to identify you).
The types of information collected include but are not limited to:
In this section:
"Services" means products, services and/or credit facilities provided by us to you from time to time including in connection with your use of accounts and facilities you have with us (including, without limitation, the making or receiving of a payment by us on your behalf).
"Regulation" or "Regulations" means any laws and policies including, without limitation, any subordinate instrument and the acts, practices, policies and guidelines of local or foreign governments (within or outside Hong Kong) and their instrumentalities whether or not having the force of law.
A "Regulatory Authority" means a local or foreign government or instrumentality.
We and our officers, employees, contractors and agents may collect, compile and/or use your information including any Personal Data and any information relating to your account, transactions or dealings with us or effected by us on your behalf or otherwise in relation to any of your accounts (collectively "Account Information") for purposes including but not limited to the following:
We and our officers, employees, contractors and agents may disclose, transfer (whether within or outside Hong Kong), and/ or exchange your Personal Data and/or Account Information to or with such persons as we or they may consider necessary including without limitation the following persons for the purposes set out above:
We manage, operate and process the Personal Data and Account Information internationally and across corporate boundaries and we have centralised certain of our processing and data storage functions in order to provide the Services to you efficiently at the time you need them. Your Personal Data and Account Information may be processed and/or stored in Hong Kong or transferred to other countries in which we operate. Unless we can process and store your Personal Data and Account Information at our central processing centres we are unable to handle your banking or other transactions.
Under conditions of confidentiality, NAB does the processing and storage of your Personal Data and Account Information. At present, the centralised processing centres are located in Singapore, Hong Kong and Australia. Over time Australia will become the central location for processing and storage of your Personal Data and Account Information. Our employees and contractors are subject to the applicable laws and codes of conduct which deal with the confidentiality and privacy of your Personal Data and Account Information.
We intend to use your Personal Data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
(1) your name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data held by us from time to time may be used by us in direct marketing;
(2) the following classes of services, products and subjects may be marketed:
I) financial, insurance, credit card, banking and related services and products;
II) reward, loyalty or privileges programmes and related services and products;
III) services and products offered by our co-branding partners (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
IV) donations and contributions for charitable and/or non-profit making purposes;
(3) I) our NAB group companies;
II) third party financial institutions, insurers, credit card companies, securities and investment services providers;
III) third party reward, loyalty, co-branding or privileges programme providers;
IV) our co-branding partners and NAB group companies (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
V) charitable or non-profit making organisations;
(4) in addition to marketing the above services, products and subjects itself, we also intend to provide the data described in paragraph (1) above to all or any of the persons described in paragraph (3) above for use by them in marketing those services, products and subjects, and we require your written consent (which includes an indication of no objection) for that purpose;
(5) We may receive money or other property in return for providing the data to the other persons in paragraph (3) above and, when requesting your consent or no objection as described in paragraph (4) above, we will inform you if we will receive any money or other property in return for providing the data to the other persons.
If you do not want us to use or provide to other persons your Personal Data for use in direct marketing as described above, you may exercise your opt-out right by notifying us.
For applications for consumer credit to be secured by a mortgage which are received by us on or after 1st April 2011, we may provide the following types of Personal Data relating to you (including any updated data of any of the following data from time to time) to a credit reference agency:
This data may be used for the purpose of compiling a count of the number of credit facilities from time to time held by you (as borrower, mortgagor or guarantor respectively), for sharing in the consumer credit database of credit reference agencies by credit providers (subject to the requirements of the Code of Practice on Consumer Credit Data).
You may request for deletion of the data from the database of the credit reference agencies upon termination of the account on the condition referred to in the section "Your Rights" below.
In the event of any default of repayment to us, 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 when such default occurred, your Personal Data and Account Information may be retained by the credit reference agency until the expiry of 5 years from the date of final settlement of the amount in default. Nothing in this policy shall imply, infer or otherwise suggest that we may at any time write-off, or grant any waiver or consent in connection with, any loan or facility with you.
In the event any amount in an account is written-off due to a bankruptcy order being made against you, your Personal Data and Account Information may be retained by the credit reference agency (regardless of whether the Personal Data reveal any material default) until 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 you were discharge from bankruptcy as notified by you with appropriate evidence to the credit reference agency, whichever is earlier.
Under the PDPO and the Code of Practice on Consumer Credit Data, you may do the following things in respect of any of your Personal Data and Account Information:
check whether we hold Personal Data about you and the right of access (with some exceptions) to such Personal Data;
require us to correct any Personal Data relating to you which you establish is inaccurate;
ascertain our policies and practices in relation to Personal Data and to be informed of the kind of Personal Data held by us;
be informed upon request which items of Personal Data are routinely disclosed 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
in relation to consumer credit provided to you by us, 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, instruct us to request the relevant credit reference agency to delete from its database any Personal Data and Account Information relating to the terminated account. Please note that we will only deal with instruction that is given within five years of termination of the account.
Any request to do or have done any one or more of the above things or to raise any concern you have regarding the privacy of your Personal Data and Account Information should be made to us in writing and addressed to the Hong Kong privacy officer named below. In accordance with the terms of PDPO, we are entitled to charge a reasonable fee for fulfilling any data access request.
Further information about relevant privacy laws and consumer banking codes can be obtained from our Hong Kong privacy officer, whose contact details are:
Level 27, One Pacific Place
Queensway, Hong Kong
Tel: 2826 8111
Fax: 2845 9251
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