Privacy Policy

1. Introduction

1.1 

This Privacy Policy (“this Policy”) applies to Oi Wah Pawnshop Credit Limited (“Oi Wah Pawnshop”) and Oi Wah Capital Limited (“Oi Wah Capital”)(collectively name as “we”, or “us”), both are wholly-owned subsidiary of Oi Wah Pawnshop Credit Holdings Limited.

1.2 

Oi Wah Pawnshop Credit Holdings Limited and its subsidiaries (hereinafter collectively referred to as “Oi Wah Group”) are mainly providing secured financing, including pawn loans and mortgage loans in Hong Kong under the provisions of the Pawnbrokers Ordinance (Cap. 166 of the Laws of Hong Kong) and the Money Lenders Ordinance (Cap. 163 of the Laws of Hong Kong).

1.3 

We respect the legal rights of privacy when collecting, storing, using and transferring any personal data. We pledge to comply with all applicable laws, rules and regulations in Hong Kong in this regard, including without limitation, the requirements of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (the "Ordinance").

1.4 

The contents of this Policy shall apply to the following parties (hereinafter collectively referred to as “data subject(s)” or “you”), which shall include:-

(a) all users of [Oi Wah Pawn Shop] (the “App” or “this App”);

(b) applicants or customers of loan facilities and any other related financial services and products provided by Oi Wah Pawnshop;

(c) the sureties, guarantors and parties providing security, guarantee or any form of support for the parties named above; and

(d) the relevant employees or officers of any of the parties stipulated above if it is a corporate entity (if applicable).

1.5 

This Policy sets out the principles of how we collect, use, store, disclose, transfer and handle your personal data. To ensure that you can make well-informed decisions and feel confident in providing your personal data to us, we outline in this Policy the practices and the choices you may have concerning the collection and use of your personal data.

1.6 

In case of any inconsistencies or conflicts between the English and Chinese versions of this Policy, the English version shall prevail. Nothing in this Policy shall limit your rights under the Ordinance.

1.7 

We reserve the right, at our sole and absolute discretion, to change, modify, update any terms of this Policy from time to time [without giving you any further notice]. You will be deemed to have accepted such changes, modifications or updates by continuing to use this App. Therefore, we strongly advise that you shall check for updates or revisions to this Policy whenever you access or use this App.

1.8 

If you do not accept this Policy, please stop accessing or using the App or any of its services immediately.

 

2. The Personal Data We Collect

2.1 

The types of personal data we may collect will depend on the specific type of services and products requested by or provided to you. The types of personal data relating to you may include (without limitation) the following:

(a) your personal information (including but not limited to your full name, gender, age, date of birth, Hong Kong Identity Card number or other travel document number, nationality);

(b) your contact information (e.g. telephone numbers, residential and mailing addresses, email addresses, Whatsapp ID and information displayed in Whatsapp);

(c) your financial details (e.g. bank account details, information relating to your income/assets);

(d) your interests or personal preferences;

(e) your intention or goals;

(f) your comments and responses to market surveys, contests and promotional offers conducted by Oi Wah or by other third parties on our behalf;

(g) the communications between you and Oi Wah Pawnshop; and

(h) any other information regarding your use of this App (e.g. behavioural information, purchasing history, location information, browser details and IP addresses).

2.2 

In the course of collecting personal data, we will provide the data subjects concerned with a Personal Data Collection Statement notifying them of the purpose of collection, classes of persons to whom the data may be transferred to, their rights to access and correct the data and any other relevant information.

 

3. Use of Personal Data

3.1 

It is necessary for us to collect your personal data from time to time, in which such personal data may be used, stored, processed, transferred, disclosed or shared by us for the following purposes:

     (a) to access the merits and your suitability and processing your loan applications and providing the relevant services;

     (b) daily operations of products and financial services;

     (c) to communicate with you by e-mail, mail, phone or other means in relation to your queries, feedback, complaints, your account with Oi Wah Pawnshop, your activities with Oi Wah Pawnshop;

     (d) conducting credit checks whenever appropriate (including at the time of application for loan and our regular reviews which will normally take one or more each year);

     (e) creating and maintaining our credit scoring or risk related models;

     (f) assisting other financial institutions to conduct credit checks and to collect debts;

     (g) ensuring ongoing credit worthiness and good standing of data subjects;

     (h) designing and developing loan/credit facilities and related financial products and services for your use;

     (i) marketing financial services and related products;

     (j) determining the amount of indebtness owed by Oi Wah Pawnshop to you or by you to Oi Wah Pawnshop;

     (k) enforcing your obligations, including but not limited to collecting outstanding amounts from you and/or your guarantor;

     (l) enforcing our rights against you in any legal proceedings, or to defend ourselves against any claim in relation to you

     (m) to comply with any obligations, requirements, recommendations, or arrangements under:

          (i) any laws, rules, regulations and court orders that are applicable to Oi Wah Pawnshop and any other members within Oi Wah Group (whether within or outside Hong Kong);

          (ii) any codes, guidelines, guidance or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, relevant stock exchange, self-regulatory or industry bodies or associations of financial services providers that are applicable to Oi Wah Pawnshop and/or any other members within Oi Wah Group (whether within or outside Hong Kong); and

          (iii) any commitment (either contractual or otherwise) with any local or foreign regulatory, government or other enforcement authorities, or self-regulatory or industry bodies or associations of financial services providers that is applicable to or assumed by or imposed on Oi Wah Pawnshop and/or any other members within Oi Wah Group;

     (n) to merge and consolidate all of your personal data provided to Oi Wah Pawnshop and/or other members of Oi Wah Group, for the purposes of establishing, administering, processing and maintaining a single customer profile;

     (o) complying with any obligations, requirements, policies, procedures, measures or arrangements of Oi Wah Pawnshop and/or other members of Oi Wah Group for the use of data and information for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;

     (p) enabling an actual or proposed assignee or transferee of all or any part of our business and/or assets, or participant or sub-participant of our rights in respect of loans/credit facilities relating to data subjects, to evaluate the transaction intended to be the subject of the assignment, transfer, participation or sub-participation and enabling the actual assignee or transferee to use such data in the operation of the business or rights assigned;

     (q) comparing data of data subjects or other persons for credit checking, data verification or otherwise producing or verifying data, whether or not for the purpose of taking action against such data subjects; and

     (r) any other purposes relating to the purposes as aforementioned.

3.2 

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, your account repayment data (as defined in the Code of Practice on Consumer Credit Data (the “Code”)) 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.

3.3 

In the event of any amount being written off due to a bankruptcy order being made against you, your account repayment data (as defined in the Code) may be retained by the credit reference agency, regardless of whether the account repayment data reveals 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 of your discharge from bankruptcy as notified to the credit reference agency by you with evidence.

 

4. Transfer of Personal Data

4.1 

All personal data kept by us will remain confidential, but we may transfer, disclose, grant access to or share your personal data with any relevant third parties to facilitate the purposes specified in paragraph 3.1, including but not limited to (i) any third party service providers in connection with the operation or maintenance of our business; (ii) our agents, officers, contractors and professional advisers; and (iii) any persons for the purposes specified in paragraph 3.1(m).

4.2 

Your data may be processed, kept and transferred or disclosed in countries outside Hong Kong if (i) we deem necessary; or (ii) required under the applicable laws, rules, regulations, codes, acts or orders issued by any government, regulatory or enforcement authorities in any foreign jurisdictions.

 

5. Security of Personal Data

5.1 

In order to ensure an adequate level of protection for personal data, we have put in place appropriate physical, electronic, and managerial procedures to safeguard the security of personal data against unauthorized or accidental access, processing, erasure or other use. The physical records of your personal data are stored in secured places with restricted access by us or those whom we share your personal data with in accordance with this Policy. The electronic records of your personal data will be stored in our servers located in secured places and protected by reliable IT security measures.

5.2 

We will follow strict standards of security and confidentiality to protect any information provided to us through the App. Encryption technology is employed for sensitive data transmission on the Internet to protect individuals’ privacy.

5.3 

We will regularly review such procedures and provide training to all employees on the proper handling of personal data.

 

6. Third Party Websites and Apps

6.1 

In order to provide you with more information and services, we may use third party content providers and service providers. As such, the App may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or Apps or the way in which the third party operators of those websites or Apps deal with your personal data. In addition, if you access this App from a third party site, we shall not be responsible for the privacy policies and practices of the owners or operators of that third party site. You should review the privacy policy for those third party websites beforehand to understand the ways in which your personal data may be used by those third parties.

 

7. Data Retention

7.1 

We shall take appropriate measures to ensure that your personal data will not be retained longer than necessary and that we shall comply with the relevant statutory and regulatory requirements in Hong Kong regarding the retention of personal data.

 

8. Use of Cookies and Log Files

8.1 

Cookies are small data files that can be stored in your electronic devices when you are using this App for the purposes of obtaining configuration information and analyzing your browsing habits. They are commonly used to track your preferences in relation to the use of the App, thereby enabling us to provide more useful features to you, to tailor the contents of our App to suit your interests and, where applicable, provide you with promotional materials or direct marketing based on your usage patterns. We will be able to access the information stored on cookies and record how you use our App.

8.2 

The information collected by cookies is aggregated research data, which contains anonymous personalized setting information such as language preference, behavior and usage patterns. No personal data (such as your name, address or any information that will enable someone to identify and contact you) is stored in cookies.

8.3 

Should you wish not to be tracked by cookies, you can choose to ‘not accept’ cookies by changing the settings in the App. However, if you block all cookies, including strictly necessary cookies, you may not be able to use the App properly.

8.4 

We may also collect information regarding your IP address, domain name and access time. This information is used for our own research purposes. As it is not linked to any personal information, it is separate from your personal data. In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activity on the website.

 

9. Access and Correction of Personal Data

9.1 

Under the provisions of the Ordinance and the Code, we acknowledge that you have the right to request for access and correction of your personal data. We shall accommodate such requests in accordance with the relevant provisions of the Ordinance and the Code.

9.2 

We may charge you a reasonable fee for processing your data access requests. To the extent permitted by applicable laws and regulations, we reserve the right to refuse unreasonable requests.

9.3 

Requests for the above should be addressed to our Data Protection Officer.

 

10. Data Protection Officer

10.1 

In relation to requests for access to personal data or correction of personal data or for information regarding policies and practices and kinds of personal data held, you may contact our Data Protection Officer. The contact information of our Data Protection Officer are as follows:

     Oi Wah Pawnshop Credit Limited / Oi Wah Capital Limited

     Data Protection Officer

     Rooms 2302-2303, Kwan Chart Tower,

     No. 6 Tonnochy Road, Wanchai, Hong Kong

     Phone: 2833 2002

     Fax: 2891 9831

     Email: info.oiwah.com.hk

 

Last Updated: July, 2023